VITREONICS AFFILIATE AGREEMENT
This agreement describes the terms and conditions for participation in the Vitreonics Affiliate Program. The terms "Affiliate," "you," and "your" are referring to you, the applicant. “VTR”, "We", and "our" refer to Vitreonics LLC
We are independent parties and this agreement will not form any partnership. This application/ agreement is between VTR and the undersigned applicant only. This is the only "Affiliate" agreement between the two parties and supersedes all previous agreements written and/or verbal. This agreement shall be governed by the laws of the state of California and is subject to the following terms and conditions.
AGREEMENT DURATION
This agreement will begin upon our acceptance of your affiliate application and will end when terminated by either party.
Termination may happen at any time, with or without cause, by giving the other party written notice of termination.
MODIFICATION
Vitreonics reserves the right to modify any of the terms and conditions within this Agreement at any time and at our sole discretion. These modifications may include, but are not limited to, changes in the scope of available referral fees, fee schedules, payment procedures and Program rules. Studios will be alerted via email or phone call if and when any such modifications are made. If you continue participation in the Vitreonics Affiliate Program after you have been alerted, it will be considered as your acceptance of the modifications.
COMMISSION FEES
The undersigned Affiliate is at all times an independent contractor and must not act or represent themselves as an employee or agent of VTR. Annual commissions paid to the Affiliate that exceed $600.00 will be documented at year-end and an IRS 1099 form will be provided to the IRS and the Affiliate by VTR.
VTR is not liable for any product claims or statements made by the Affiliate that do not adhere to the approved product claims on the Vitreonics.com web site. The "Affiliate Code" issued to the Affiliate is at all times the property of VTR and upon termination or expiration of this agreement may be discontinued or re-assigned.
The assigned Affiliate Code and appropriate advertising may be used by the Affiliate to generate sales of VTR products and earn Affiliate commissions. You will receive 15% of the revenue as a commission from orders placed through your Affiliate links to our site. Affiliate customer cookies will be valid for 60 days, so repeat visitors that do not come directly from your site will still count towards your commissions if the cookie is not otherwise removed by the user.
Affiliates agree to use ONLY the marketing materials, (logos, photos, videos, etc.) provided by Vitreonics to market the Vitreonics products to their customers.
For a sale to generate a commission, the customer must follow the link from your site to our site, purchase VTR Product(s) using our online ordering system, accept delivery of the item at the shipping destination, and remit full payment to us.
It is understood that the assigned Affiliate code is VTR's only way of calculating commissions due to the Affiliate and therefore only sales using this Affiliate code or through the approved URL link(s) will be considered generated by the undersigned Affiliate.
Commissions can only be earned between the acceptance of the Affiliate application and notice of
termination. Commissions will be paid by VTR based upon the following schedule:
January through March activity – report and remittance due by April 30th
April through June activity – report and remittance due by July 31st
July through September activity – report and remittance due by October 31s
October through December activity – report and remittance due by January 31st
Any returned checks, charge-backs, or fees from a returned order will be adjusted in the following fee payment. If no fee payment is due, a billing invoice for the amount will be issued.
ORDER PROCESSING
The VTR Affiliate Program will be solely responsible for processing every order placed by a customer on the Affiliate site. Customers who purchase products and services through the VTR Affiliate Program will be deemed to be customers of VTR. Prices and availability of our products and services may vary from time to time. VTR policies will always determine the price paid by the customer. We reserve the right to reject any order that does not comply with our rules, operating procedures and policies.
WEBSITE RESTRICTIONS
VTR reserves the right not to accept any site into the VTR Affiliate Program based on site content. Sites that Do Not Qualify for the VTR Affiliate Program include sites such as sites that:
Promote sexually explicit materials
Promote violence and discord.
Promote discrimination based on race, sex, religion, nationality, age, or sexual orientation
Promote illegal or questionable activities
Violate intellectual property rights
Will cause harm to the image or marketability of VTR products
UNSOLICITED COMMERCIAL E-MAIL (Spam)
The VTR Affiliate Program in no way participates in mass unsolicited e-mailing (i.e.
spamming), and all Affiliates are expected to adhere to this policy as well. Violation of this policy will result in the termination of this contract and immediate dismissal from the VTR Affiliate Program.
DISCLAIMER
We make no express or implied warranties or representations with respect to the VTR Affiliate Program or your potential to earn income from the VTR Affiliate Program. In addition, we make no representation that the operation of our site or the Affiliate Sites will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or down time.
This Agreement will be governed by the laws of the United States without reference to rules governing choice of laws. Any action relating to this Agreement must be brought in the courts located in Los Angeles, CA and you irrevocably consent to the jurisdiction of such courts. You may not assign this Agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and enforceable against the parties and their respective successors and assigns. Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement.
By continuing your application, you acknowledge that you have read this agreement and agree to all its terms and conditions. You have independently evaluated this program and are not relying on any representation, guarantee, or statement other than as set forth in this agreement.
Signed: Vitreonics LLC
Tim Carey, co-owner
Justin Monroe, co-owner