Venum

Welcome to Venum! Thanks for your interest in our Affiliate Program.

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE SIGNING UP.

The following Terms and Conditions apply to individuals who are accessing or using the Venum Affiliate Program (“the Program”) both as a merchant (“Venum”, “we”, “us” or “the Merchant”) and an affiliate (“you” or “the Affiliate”) who refers customers who use products or services from the Merchant.

By participating in the Program, the Affiliate agree to use the Program in the manner specified herein and is bound by these Terms and Conditions. If you do not agree to these Terms and Conditions in their entirety you are not authorized to register as an Affiliate or participate in the Program in any manner.

This Agreement authorizes the Affiliate to send Internet users to the Merchant’s network of websites (“the Site(s)”) and to relevant products or services (“the Product”) via the Affiliate’s own channels and website(s). Both the Merchant and the Affiliate are in full agreement that:

1. Approve or Reject of the Registration

We the Merchant reserve the right to approve or reject ANY Affiliate Program Registration at our sole and absolute discretion. You will have no legal recourse against Venum for the rejection of your Affiliate Program Registration.

2. Purpose of the Program

The Affiliate is dedicated to promoting the Merchant and its Products via online and/or offline methods to the general public and businesses who visit and buy Products on the Merchant’s site(s) (“Customers”) as per these terms and conditions.

3. Affiliate Rights & Responsibilities
   
   

1. The Terms of the Venum Affiliate Program clearly indicate that the Affiliate will earn commissions in return for promoting the Merchant Site(s) and/or the Site’s(s) Products as per the Merchant guidelines.

2. The Merchant is committed to offering its Services or Products to the Affiliate at the same price as these Products are offered to B2C Customers, and the Affiliate is in agreement to sell the Merchant’s Products at the same rates. The Affiliate accepts to not make any amendments to any Site(s) content unless specifically approved by the Merchant in writing.

3. The Affiliate confirms their understanding and agrees that this Program and its Terms & Conditions are non-exclusive. The Merchant, with its sole judgment, may choose to have one or more Affiliates with promotional rights in the same geographical region. The Merchant itself and the other Affiliates can also promote and sell the same Products to Customers regardless of their location in the world.

4. The Affiliate must avoid the use of any automated or robotic lead-generation or browser redirection to any tracking URLs provided by the Company. The Affiliate fully understands and agrees that the Merchant may do traffic examination to evaluate the source of purchases and purchase conversion rates. The Merchant, in its sole discretion, reserves the right to terminate the Agreement if the conversion rate is found to be below a reasonable conversion rate.

5. The Affiliate will act in accordance with all policies and procedures of the Merchant in relation to all its staff and partners, as communicated to the Affiliate and are subject to change from time to time.
   
   

4. Affiliate Links and Coupon
   
   

1. Affiliate links are automatically generated and will be provided upon set-up for approved Affiliates. If a person clicks on someone else’s referral link and then later they click on yours, yours is the one that counts.

2. The Affiliate may or may not be assigned a personal coupon code with details and usage clarified on your Program dashboard. If a customer clicks on your affiliate link and uses your coupon code, you will not receive a double commission. If you’re not assigned a branded coupon, then you’re not permitted to promote coupons under any circumstance.

3. The Affiliate may advertise the merchant website on online channels such as Facebook, Instagram etc. or offline classified channel ads, magazines, and newspapers.
   
   

5. Search Engine Advertising SEM/PPC
   
   

1. The Affiliate will represent themselves on search engine results only as an “Affiliate of Venum”. The Affiliate shall not bid on any search terms that include the word “Venum” or certain variations thereof for use in search engines, such as Google, Yahoo!, Microsoft, Bing, Yandex and AOL. 

2. The Affiliate are prohibited from bidding on Venum trademarks, “Venum”, and any keyword string or variations of the Venum trademark (collectively “Venum”) that includes this term. For example, “Venum boxing gloves”, “Venum MMA gear”, etc.; and variations of the Venum trademark, for example: “venum.com”, “www.venum.com” etc.

3. Affiliate shall not use the Merchant's domain name or display URL (i.e., www.venum.com). the Affiliate must also not use any variations of the Merchant’s domain name or display URL without the written prior consent of the Merchant (i.e., www.venum-deals.com).

4. Search arbitrage is forbidden. the Affiliate may not engage in paid search listings that feature a URL with the word “Venum” included and may not link directly from a paid search listing to any page of the Venum website. the Affiliate may not frame the Merchant’s site and may not link directly to such a framed site from a paid search listing. This applies to all search terms, both branded (trademarked) and general keywords. 

5. The Affiliate may engage in paid search to promote the Venum brand only when using non-branded keywords such as boxing gloves, boxing equipment, boxing gear, etc. In such cases, they must link to their own site or an intermediary page, provided that the linked page may not display ads from any product or service competitive with the Merchant’s. Traffic may not be automatically redirected from any such page to the Merchant’s site.

6. Domain Names: The Affiliate may not bid on "Venum" branded keywords, including but not limited to words such as “Venum,” or “venum.com”. This restriction extends to misspellings or variations of “Venum" and to phrases that include “Venum,” such as “Venum coupon,” “Venum discount code,” etc. 

7. The Affiliate agrees not to employ any so-called fat-finger domains or typosquatters redirecting web traffic to the Affiliate’s link without first notifying the merchant of the use of such domains and registration information pertaining to such domains as Merchant shall specify, prior to commencing the use and following the termination of the use of a fat–finger domain. A typosquatter or a fat–finger domain is any domain that amounts to a misspelling of any registered or unregistered Merchant trademark. Examples of these types of misspelled domains include but are not limited to the following: venm.com, vnum.com etc. 

8. Spam and Electronic Messages Under no circumstances shall the Affiliate send commercial electronic mail messages as defined in the new Federal spam law, the CAN-SPAM Act of 2003 [the “Act”], with respect to Venum Affiliate Program. For clarification, this does not prohibit the Affiliate from sending transactional or relationship messages as defined in the Act. In addition, except as expressly authorized by Venum, any and all electronic messages initiated or sent by the Affiliate or on a Affiliate’s behalf must identify the Affiliate as the sender and may not suggest, imply, mislead or be likely to mislead a recipient into believing that Venum or LinkShare is a sender or sponsor of, or has engaged the Affiliate to send, such electronic messages. To be clear, the Affiliate may not use a return address, subject heading, header information or message contents that misleads or confuses or is likely to mislead or confuse a recipient as to the Affiliate being the sender. Furthermore, the Merchant must approve all Affiliate electronic messages before sending.

9. The Affiliate may not use terms implying they represent Venum, such as “official site,” in ad copy that is displayed on search engines.

10. The Affiliate may not use Venum trademarks, trade names or service marks in Meta tags, in hidden text or source code, in their domain name or any other part of its Universal Record locator (URL). If an Affiliate listing is displayed in the search results for any Venum branded keywords, the Affiliate will take appropriate action to remove their listing from the search engines upon the request of the Merchant.

11. Prohibited Web Site Domain Keywords: Venum, Venum Fight, Venum discount, Venum voucher, Venum code, Venum deals, Venum cashback, Venum promo.

12. Incentivized Traffic - The Program prohibits the Affiliate from advertising and promoting through cashback sites or apps, shopping reward point redemptions.

13. Recommended SEM Bidding Keywords:

Boxing Gloves, Punching Bags, MMA Gloves, Sparring Gloves, Muay Thai Gloves Shin Guards, Head Guards, Mouth Guard, Skipping Ropes, Chest Guard, Ankle Supports, Boxing Shorts, Fight Shorts, MMA Shorts, Boxing Pads, Focus Pads, Focus Mitts, 8oz Boxing Gloves, 10oz Boxing Gloves, 12oz Boxing Gloves, 14oz Boxing Gloves, 16oz Boxing Gloves, Kids Boxing Gloves,, Fight Gloves, Competition Gloves, BJJ Gi, BJJ Kimono, Jiu-Jitsu Gi, Kimoni, Brazilian Jiu-Jitsu Gi.

6. Marketing tools
   
   

1. Venum may share promotional materials, such as banners, logos or specific collection promotional assets via the Marketing tool tab. The Affiliate can download the media or get the HTML embed code in order to share on your own channels or affiliate channels.

2. The Affiliate accepts the information contained on the Site(s), and agrees to make no modifications to the data, information, or graphics, including logos and trademarks, contained on or provided by the Site(s) (“Site Content”), except where deemed appropriate between the parties, in writing.

3. The Merchant will ensure the availability of all the graphics and related technical support needed to assist the Affiliate in connection to the clause 3.1. The Affiliate is offered an opportunity to modify graphics and site content only to the extent approved by the Merchant in writing. 

4. The Merchant will offer reasonable technical support to the Affiliate during the period of the Agreement.
   
   

7. Cookies
   
   

1. The Merchant uses a cookie to track people who have clicked on your link, so they need to be using cookies for us to track them. If a person doesn't allow cookies or clears their cookies then the Venum Affiliate Program can't track them and therefore can't pay earnings on that person's activity.

2. The duration of Cookies that will be tracked and counted is stated on the Venum Affiliate Program registration form. The tracking day will start from the time a customer clicks on the affiliate’s link or uses their coupon, if applicable. Within the cookie time (30 days, for example), every order made by this customer at the Merchant’s website will automatically result in commissions to the Affiliate (There’s no need for the customer to click on the Affiliate link each time).
   
   

8. Liability

1. To the extent permitted at law, the Affiliate excludes all express and implied conditions and warranties of the Site(s) or its performance, usability and/or functionality. All implied warranties of merchantability, fitness for a particular purpose, and non-infringement by the Merchant are explicitly excluded. In addition, the Merchant makes no representation or warranty that the operation of the Site(s) shall be carried out without interruption or error-free, and it is not responsible for the consequences to the Affiliate of any interruptions or errors.

2. The parties agree that any liability of one party to the other party for loss of revenue, loss of profits, loss of anticipated savings, pure economic loss, loss of data, loss of value of equipment, loss of opportunity or expectation loss and any other form of consequential, special, indirect, punitive or exemplary loss or damages suffered or incurred by the other party in connection with this Agreement is excluded.

3. The exclusion of liability in clause 8.2 does not apply to claims due to loss or damage caused by the use of the Site(s) in violation of the terms of this Agreement or intellectual property breaches, personal injury or death or breaches of confidentiality.

4. The parties agree that any liability of that party to the other party for loss under or in connection with the Agreement is reduced to the extent that the other party’s acts, omissions or equipment cause or contribute to that loss.

5. Subject to clauses 8.1 – 8.4 above, the Merchant’s liability for loss suffered or incurred by the Affiliate in connection with this Agreement, whether based in contract, tort (including negligence), statute or otherwise, is limited in aggregate to the total amount of commission paid to the Affiliate in respect of confirmed bookings during the preceding 12 months prior to the occurrence of the event causing the loss.

6. The Merchant is liable exclusively for the development, function and upholding of the Merchant’s operating systems and the Site(s), the accuracy and relevance of communications with customers and making certain that any materials published on the Site(s) of the Merchant are not slanderous or otherwise against the law.
   
   

9. Communications
   
   

1. The Merchant is liable for all matters involving the order or purchase process, and the Affiliate shall not get involved in any correspondence or communications in any way with the Customers. Any communication received from Customers by the Affiliate related to the operations of the Merchant shall instantly be forwarded to the Merchant. All communication received from Customers by the Merchant related to the operations of the Affiliate shall instantly be forwarded to the Affiliate.

2. The Affiliate does not have any authority to create, publish, dispense, or allow any written material, which relates to or references the other party, without prior written approval, which shall not be unfairly withheld or postponed. Moreover, the Affiliate cannot make declarations or statements to the public or a third party in terms of the association with the Merchant or the transactions described in this agreement without the prior written approval of the Merchant, which shall not be unfairly withheld or postponed.
   
   

10. Commissions and Payment
    
    

1. The Affiliate will receive a Commission for sending authorized sales via her or her Affiliate link(s). This commission is calculated based on commission structure, as outlined in the Program’s registration page. The commission amount is dependent on the final order value and does not include extra fees (tax, shipping costs,...).

2. In order for the Affiliate to receive a commission, he or she will need to specify payout preferences and details in the Settings page of this Program. 

3. Payment schedule will be notified on the Venum Affiliate Program Guide page.

4. Payments will only be sent for transactions that have been successfully completed. 

5. Use of the Affiliate Program is subject to a fair use policy which gives the Merchant the right to review each and every referral order. 

6. The status of Affiliate commissions is displayed in the Commission tab; any and all paid commissions will be listed on the Payment tab. 

7. Transactions that result in charge-backs or refunds will not be paid out.

8. The Affiliate understands that the commission structure may be changed at any time. Money or Store Credit credited to an Affiliate account does not accrue interest.
   
   

11. Privacy and Confidentiality 

1. The Merchant Site(s) is there to serve its Customers. Any utilization of the Merchant’s information acquired from the Site(s) for chain letters, junk mail, “spamming”, solicitations (commercial or non-commercial) or bulk communications of any kind including but not limited to distribution lists is strictly prohibited. If the Affiliate violates these terms, the Merchant reserves the right to instantaneously terminate the contract without any notice.

2. Each party fully agrees to keep the other party’s Private, Secret and Confidential Information completely private, secret, and confidential and to only reveal such Confidential Information to those of its employees, agents, contractors or advisers.
   
   

12. Duration and Termination 

1. The commencement of the Agreement shall be on the date when the application is approved by the Merchant. 

2. Both parties have the right to terminate this Agreement without any time restrictions, with due notice given to the other party. Both parties agree to first attempt to find solutions, as and where is reasonable, to resolve the issue(s) behind the decision(s) to terminate.

3. In case of termination, regardless of the reason, the Affiliate shall without delay stop using any Merchant logos, trade names or trademarks, links to the Site(s) and any licenses issued under this Agreement shall come to an end.
   
   

13. Intellectual Property and Use of Marks
    
    

1. Each party has and keeps all rights, title and interest of their names, logos, trademarks, copyrights, service marks, patents, and copyrights of their technology and properties. Both parties do not have the authority to copy, distribute or use such intellectual property rights unless it is specifically allowed under this agreement.

2. The Merchant grants the Affiliate, during the period of the Agreement, a worldwide, non-transferrable, non-exclusive, license to offer access to the Site(s) to Customers using HTML links on the Affiliate’ personal website(s) and utilize any logos, trade names, trademarks provided by the Merchant exclusively for the display of such links and in accordance with any other limitations of use communicated by the Merchant.

3. The Affiliate shall not be allowed to carry out any advertising and/or marketing activities which could be misunderstood or misapprehended as directly coming from the Merchant. These activities incorporate but are not limited to, making use of the trademark of the company, or any logos it owns or using the name(s) of Merchant in search engine advertising without first acquiring the Merchant’s permission in writing. In addition, the Affiliate is in agreement it will not show that it is in any way affiliated with the Merchant other than what is explicitly defined in this Agreement.

4. The Affiliate is in full agreement to avoid bidding for keywords on search engines, which are directly related in any way to the name(s) of the Merchant. These keywords include, but are not limited to Venum, Venum Fight.

5. Any violation of Clause 13 shall be considered to be a material breach of this Agreement and the Merchant shall have full authority to immediately cease this Agreement and pursue any remedies available to it at law.
   
   

14. General
    
    

1. This Agreement ensures the understanding between the parties and surpasses all oral or written contracts or arrangements between the parties as to the specified purpose of this Agreement. This document may be varied by both parties after they sign a written agreement. Both parties take responsibility for their own expenses and legal costs associated with this agreement.

2. The Merchant and the Affiliate acknowledge that the Affiliate is an autonomous contractor for all intents and purposes. Nothing in this Agreement shall represent the Affiliate as the legal representative or the agent of the Merchant for any reason whatsoever, nor shall it be interpreted to create a partnership or joint venture between the parties. Neither the Merchant nor the Affiliate, including their personnel, shall be considered to be in the employment of the other. Each party takes responsibility for any withholding taxes, workers’ reimbursement and all other matters involving work and taxation.

3. This Agreement shall be governed in accordance with New York State Law.

4. This Agreement is non-transferable by either party, except by operation of law, without the prior written approval of the other party, and any attempt to transfer without the written approval of the other party shall be considered invalid.

5. Any notices needed under this Agreement must be: (i) in writing and (ii) sent personally, via registered mail, fax or email to the other party at that party’s last acknowledged address. Both parties agree that a waiver by either party of a violation of any provision shall not be held to be a waiver of any consequent violation.

6. Both parties acknowledge that each party shall be relieved of its responsibilities to the extent that it is not capable of fulfilling them due to circumstances beyond its reasonable control. In case such an event occurs, the other party must be notified by the affected party as soon as possible.

Finally, we're very glad you've made it to the end of this important document.

Go forward and refer! We wish you all the very best. You can always re-visit these Affiliate Program terms and conditions in the future and if you have any questions you can send email to sarah.edson@venum.com for support.

This Privacy Policy of UpPromote about Affiliate Marketing system describes how we may collect and use personal data and the rights granted to merchants, affiliates and customers regarding their respective data.

By joining the Affiliate program, you signify your approval of the terms set out in this Privacy Policy, and other terms and conditions. If you do not agree to this Privacy Policy, you must not use the affiliate marketing system.

We may update this Privacy Policy from time to time in order to reflect, for example, changes to our privacy practices or for other operational, legal, or regulatory reasons. By continuing to our affiliate program after these changes are posted, you agree to the revised policy.

Personal Information Controller

Any personal information provided to or gathered by UpPromote under this Privacy Notice will be stored and controlled by UpPromote (the data controller).

Information collected from Merchants

When merchant uses the app, we are automatically able to access certain types of information from your Shopify account such as email, first name, last name, shop information (shop domain, shop currency, shop address …). We collect this information to provide you with our Services; for example, to confirm your identity, contact you, provide customer support when you contact us, provide you with advertising and marketing activities.

Information collected from Affiliates

When an Affiliate signs up to join a program, we collect some information to inform merchants such as email, personal information, payment details and social network information,...The information would help merchant evaluate affiliate background and potential, along with process specific activities within the app and contact affiliate if needed.

Information collected from Customers when visiting merchant website

In order to track referral order, when customers visit merchant website and make a purchase, UpPromote system will collect information of order such as total order, order items, order ID,....

About Cookies

“Cookies” are data files that are placed on your device or computer and often include an anonymous unique identifier.

Cookies are created when a user's browser loads a particular website. The website sends information to the browser which then creates a text file. Every time the user goes back to the same website, the browser retrieves and sends this file to the website's server.

For more information about cookies, including how to disable them, visit allaboutcookies.org.

Because cookies allow you to take advantage of some of Affiliate marketing system’s essential features, we recommend that you leave them turned on.

Information sharing

Ensuring your privacy is important to us. We do not share your personal information with third parties except as described in this privacy policy. We may share your personal information with third-party service providers who we employ to process specific functions; examples include providing email marketing activity, analyzing data and other marketing support,... Third-party service providers have access to personal information only as needed to perform their functions and they must process the personal information in accordance with this Privacy Policy.

We may also disclose your personal information to any third party with your prior consent.

Use of UpPromote app by Children

UpPromote is not intended for children. If you are under 13, you may use the affiliate marketing system only with the supervision of your parent or guardian.

Your Rights

UpPromote understands that you have rights over your personal information, and takes reasonable steps to allow you to access, correct, amend, delete, port, or limit the use of your personal information. If you are using the system and wish to exercise these right, please contact us through sarah.edson@venum.com. We may require that you provide us with acceptable verification of your identity before providing access to such information.

If you are an affiliate and wish to exercise these rights, please contact the merchant you interacted with directly — we serve as a processor on their behalf, and can only forward your request to them to allow them to respond.

Contact information

If you have any questions about your personal data or this Privacy Policy, or if you would like to file a complaint about how we process your personal data, please contact us by email at sarah.edson@venum.com