Bon Vivant Safety Eyewear Company, Inc Affiliate Program Agreement
This Affiliate Program Agreement ("Agreement") is entered into by and between Bon Vivant Safety Eyewear Company, Inc. (the "Company") and the Affiliate ("Affiliate"), who agrees to promote Bon Vivant Safety Eyewear products in exchange for commission on qualifying sales.
1. Introduction and Purpose
The purpose of this Agreement is to establish the terms and conditions under which the Affiliate will promote products from Bon Vivant Safety Eyewear Company, Inc. These products may include DiaVista, Bon Vivant Unisex Aviator Sunglasses, NINES® Sunglasses, FirstLine Safety Goggles, and DiaVista e-Gift Cards, among others. The Affiliate will earn commissions on sales generated through their unique affiliate link.
2. Affiliate Responsibilities
The Affiliate agrees to the following responsibilities:
Promote Bon Vivant Safety Eyewear products through approved channels such as blogs, social media, email marketing, or websites.
Ensure that all marketing activities are ethical, legal, and comply with Federal Trade Commission (FTC) regulations regarding affiliate disclosure.
Use only authorized marketing materials and affiliate links provided by the Company.
Not misrepresent the brand or products of Bon Vivant Safety Eyewear, or engage in fraudulent or misleading practices.
3. Affiliate Links and Tracking
Bon Vivant Safety Eyewear will provide the Affiliate with a unique referral link for tracking purposes.
Sales will be tracked through the affiliate’s referral link or code, and the Affiliate will have access to a dashboard to monitor performance and commissions.
It is the responsibility of the Affiliate to ensure proper use of the referral link to guarantee tracking of referred sales.
4. Commission Structure
Base commission rate: 12% on all qualifying sales made through the affiliate link.
Commissions will be earned only on completed sales (no refunds or chargebacks) and will be calculated based on the net amount of the sale, excluding taxes, shipping, or discounts.
The Company may offer special promotional rates or bonuses during specific campaigns or promotions, subject to prior notice.
5. Payment Terms
Payment schedule: Commissions will be paid out monthly, on the 15th of the following month, for all qualifying sales.
Minimum payout threshold: $100. If the Affiliate's commission earnings do not meet this threshold, the payment will roll over to the next month.
Payments will be made via PayPal, bank transfer, or any other method agreed upon by both parties.
6. Marketing Guidelines
Affiliates must adhere to the following guidelines when promoting Bon Vivant Safety Eyewear products:
Affiliates must not engage in any form of spam or unauthorized advertising.
Bon Vivant Safety Eyewear trademarks and logos must only be used as provided by the Company.
Affiliates may not purchase ads or use pay-per-click (PPC) campaigns that bid on branded terms or trademarks associated with Bon Vivant Safety Eyewear.
Affiliates must include proper disclosures in compliance with FTC guidelines whenever an affiliate link is used (e.g., "As an affiliate, I may earn commissions from qualifying purchases.").
7. Termination and Suspension
The Company may terminate the Agreement immediately if the Affiliate violates any terms of this Agreement, including ethical marketing violations, non-compliance with guidelines, or fraudulent activity.
The Affiliate may terminate the Agreement at any time by providing 30 days written notice to the Company.
Upon termination, the Affiliate will no longer have access to affiliate links, and no further commissions will be paid on any future sales.
8. Modification of Agreement
The Company reserves the right to modify or update this Agreement at any time. The Affiliate will be notified of any material changes, and continued participation in the program will constitute acceptance of the updated terms. If the Affiliate does not agree to the updated terms, they must terminate the Agreement immediately.
9. Confidentiality
The Affiliate agrees to keep confidential any proprietary information shared by the Company, including but not limited to product plans, pricing, customer information, and marketing strategies. This obligation remains in effect after the termination of the Agreement.
10. Indemnification
The Affiliate agrees to indemnify and hold harmless Bon Vivant Safety Eyewear, its directors, officers, employees, and affiliates from any claims, damages, or legal costs arising from the Affiliate’s breach of this Agreement or misconduct in promoting Bon Vivant Safety Eyewear products.
11. Limitation of Liability
The Company will not be liable for any indirect, incidental, or consequential damages arising out of the Affiliate’s participation in the Affiliate Program. The total liability for any claims arising under this Agreement will be limited to the amount of commissions paid to the Affiliate.
12. Governing Law
This Agreement will be governed by and construed in accordance with the laws of the state of Florida, without regard to its conflict of law principles. Any disputes arising from this Agreement will be subject to the exclusive jurisdiction of the courts in Jacksonville, Florida.
