Affiliate Marketing Agreement
This Villa 318 Affiliate Marketing Agreement (the “Agreement”) is made by and between Villa 318, LLC, a [state of incorporation] limited liability company with its principal place of business at [insert address] (the “Company,” “Villa 318,” “we,” “us,” or “our”), and the applicant as identified through AWIN’s Affiliate Account Creation (“I,” “you,” or “my”), who agree as follows:
By completing and submitting the Affiliate Account Creation (“Application”), you apply for acceptance by Villa 318 to serve as a Villa 318 Affiliate (“Affiliate”) to participate in the Villa 318 Affiliate Marketing Program (“Program”). The Company may accept or reject any application for any or no reason. If the Company accepts your Application, the effective date of the Agreement will be the date you submitted the Application (“Effective Date”).
1. Villa 318 Affiliate Marketing Program
Under the Program, Affiliates drive traffic to Villa 318’s website (www.villa318.com, together with any related domains, the “Site”) through approved promotional methods and may earn financial compensation (“Commissions”) for qualified sales resulting from referrals (“Qualified Transactions”).
2. Enrollment in the Program / Content Restrictions
Enrollment requires completion of an Application. We may reject any application at our sole discretion, including but not limited to, if your site or presence involves:
sexually explicit, violent, discriminatory, defamatory, obscene, or otherwise objectionable content;
promotion of illegal activities;
infringement of third-party intellectual property;
misleading, spammy, or deceptive practices.
Applications are generally reviewed within 10 business days. You will be notified of acceptance or rejection via the email provided.
3. Promotion of Our Affiliate Relationship
Affiliates may use approved links (“Links”) and creative assets provided by Villa 318 or through the affiliate platform. Affiliates must not:
create customer confusion between Villa 318’s Site and your platform;
alter or manipulate tracking links;
represent themselves as Villa 318 or claim ownership of Villa 318 trademarks.
4. Villa 318’s Responsibilities
We will:
provide creative assets, product data feeds, and tracking links;
process orders, payments, shipping, cancellations, returns, and customer service for orders through the Site;
track sales generated by Affiliate Links and provide commission reporting via the affiliate network dashboard.
5. Affiliate Responsibilities
Affiliates are responsible for:
maintaining their own websites, platforms, and channels;
ensuring all materials are accurate, lawful, and compliant with this Agreement;
ensuring no infringement of intellectual property or violation of third-party rights;
complying with all privacy, data, and advertising laws.
Prohibited activities include, but are not limited to:
bidding on “Villa 318” or close variations in PPC/SEM campaigns;
registering domains or social handles incorporating Villa 318 trademarks;
scraping or reusing Villa 318 content (images, copy, logos) without permission;
using unauthorized coupon codes or promoting offers not issued through the affiliate channel.
Violations may result in forfeiture of commissions and termination from the Program.
6. Commissions
Commission Rate: 10% CPA on net sales (exclusive of taxes, duties, shipping, and returns).
Cookie Window: 30 days.
Commissions are payable only on completed and non-returned orders.
We reserve the right to adjust commission rates at our discretion with 7 days’ prior notice.
7. Reports of Sales
Sales statistics and reporting will be accessible through the affiliate network portal (AWIN). Such reports are deemed confidential information of Villa 318.
8. Policies; Pricing & Discounts
Customers purchasing through Affiliate Links are Villa 318 customers. All customer service, pricing, and policies are determined solely by Villa 318.
Affiliates may only promote pricing, discounts, or coupon codes officially provided by Villa 318 via the affiliate program. Unauthorized promotions are strictly prohibited.
9. Publicity / Use of Our Name & Marks
Affiliates may use Villa 318 banners, product images, and logos provided in the affiliate platform (“Creative Assets”) solely to promote Villa 318 in accordance with this Agreement. Affiliates may not alter or misuse these assets.
All rights in Villa 318 trademarks, product names, and creative remain the property of Villa 318. Affiliates receive a limited, revocable license to use them only as expressly permitted here.
10. Term & Termination
This Agreement begins on the Effective Date and continues until terminated. Either party may terminate without cause with 7 days’ written notice. Villa 318 may terminate immediately for cause, including breach of this Agreement, and withhold unpaid commissions.
Upon termination, Affiliates must remove all Villa 318 Links, banners, and materials within 1 business day.
11. Relationship of Parties & Taxes
Affiliates are independent contractors. Nothing in this Agreement creates a partnership, joint venture, employment, or agency relationship. Affiliates are responsible for all applicable taxes and filings.
12. Confidentiality
All sales data, reports, customer information, and business practices of Villa 318 are deemed confidential and may not be disclosed or used outside this Agreement.
13. Limitation of Liability
Villa 318 will not be liable for indirect, incidental, or consequential damages, including loss of revenue or data, arising from this Agreement. Our aggregate liability shall not exceed the total commissions paid or payable to the Affiliate.
14. Indemnification
Affiliate agrees to indemnify and hold harmless Villa 318, its officers, employees, and agents from any claims, damages, liabilities, and expenses (including legal fees) arising from:
Affiliate’s website, content, or conduct;
breach of this Agreement;
misuse of Villa 318 trademarks or creative assets.
15. Governing Law
This Agreement shall be governed by and construed under the laws of the State of [Insert State], without regard to conflict of laws. Any disputes shall be resolved in the courts of [Insert County/State], and both parties consent to jurisdiction therein.
Acknowledgment: By applying for and participating in the Villa 318 Affiliate Program, you acknowledge that you have read, understood, and agreed to the terms of this Agreement.
