Vivint Affiliate Terms & Conditions
Please read these Vivint Affiliate Terms & Conditions (also referred to as the “Agreement”) carefully before you join our Program or begin marketing of our Program. Each Affiliate is responsible for assuring that its employees, agents and contractors comply with these terms and conditions.
As used in these terms and conditions: (i) “we”, “Vivint,” “us”, or “our” refers to Vivint, Inc.; (ii) “you” or “your” refers to you, the Affiliate; (iii) “our website” refers to the Vivint properties located at www.vivint.com or any derivative thereof; (iv) “your website” refers to any websites that you will link to our website; (v) “Commissionable Sale” refers to the online order created when a consumer purchases Smart Home Products after clicking through to our website via a link from your website, with such action being tracked via a pixel fire; (vi) “Program” refers to the Vivint Affiliate Program; and (vii) “Smart Home Products” refers to Vivint’s then-available home security and home automation products.
After receiving your application, we will review your website and notify you of your acceptance or rejection into our Program. Please allow up to 48 hours for your application to be reviewed. We reserve the right to reject any application; however, we encourage you to contact us if you feel we have made an incorrect decision. Your application must include all websites that you plan to use in your marketing program to help us make a fully-informed decision.
Vivint agrees to pay you a commission equal to 30% of the pre-tax amounts collected by Vivint from the sale of any Smart Home Products to any consumer associated with a Commissionable Sale that is attributable to your marketing efforts under the Program (with attribution to be determined as set forth in this Agreement).
Your participating website(s) may not:
- Infringe on our or any anyone else’s intellectual property, publicity, privacy or other rights.
- Violate any laws, rules or regulations.
- Contain any content that is threatening, harassing, defamatory, obscene, harmful to minors, or contains nudity, pornography or sexually explicit materials.
- Contain any viruses, Trojan horses, worms, time bombs, cancelbots, or other computer programming routines that are intended to damage, interfere with, surreptitiously intercept or expropriate any system, data, or personal information.
- Contain software or use technology that attempts to intercept, divert or redirect Internet traffic to or from any other website, or that potentially enables the diversion of affiliate commissions from another website.
LINKING TO OUR WEBSITE
Upon acceptance into the Program, links will be made available to you through the affiliate interface. Your acceptance in our Program means you agree to and abide by the following:
- You will only use linking code obtained from the affiliate interface without manipulation.
- All domains that use your affiliate link must be listed in your affiliate profile.
- Your website will not in any way copy, resemble, or mirror the look and feel of our website. You will also not use any means to create the impression that your website is our website or any part of our website including, without limitation, framing of our website in any manner.
- You may not engage in cookie stuffing or include pop-ups, false or misleading links on your website. In addition, you will not attempt to mask the referring URL information (i.e., the page from where the click is originating).
- Using redirects to bounce a click off of a domain from which the click did not originate in order to give the appearance that it came from that domain is prohibited.
If you are found redirecting links to hide or manipulate their original source, your current and past commissions will be voided and your commission level will be set to 0%. This does not include using “out” redirects from the same domain where the affiliate link is placed.
COMMISSIONABLE SALE ATTRIBUTION
For purposes of tracking attribution for Commissionable Sales, Awin will provide you with a campaign-specific EXID and an Affiliate-specific pixel prior to the launch of your marketing efforts under the Program. All commissions under this Agreement shall be determined and calculated based on a “last touch” tracking model. You will receive compensation only for those Commissionable Sales attributable to consumers that click through to our website via a link from your website and purchase Smart Home Products, with such action tracked via a pixel fire, and without an intervening “touch” by another Vivint marketing vendor prior to such purchase. Vivint’s internal tracking and reporting system (which will monitor and record all Commissionable Sales originating via your campaign-specific EXID and Affiliate-specific pixel) will be the sole source of truth regarding attribution. For the sake of clarity, consumers that visit our website via a click through from a link on your website but ultimately do not purchase any Smart Home Products until after an interaction with a different Vivint marketing partner, affiliate, or channel—such as via an intervening “last touch” generated by a different company’s marketing campaign—will not result in any obligation for Vivint to pay commissions to you.
If you are enrolled in our Program and participate in PPC advertising, you must adhere to our PPC guidelines as follows:
- You may not bid on any of our trademarked terms (which are identified below), including any variations or misspellings thereof for search or content-based campaigns on Google, MSN, Yahoo, Facebook or any other network.
- You may not use our trademarked terms in sequence with any other keyword (i.e. Vivint Coupons).
- You may not use our trademarked terms in your ad title, ad copy, display name or as the display URL.
- You may not direct link to our website from any Pay-Per-Click ad or use redirects that yield the same result. Affiliate links must be directed to an actual page on your website.
- You may not bid in any manner appearing higher than Vivint for any search term in position 1-5 in any auction style pay-per-click advertising program
- If you automate your PPC campaigns, it is your responsibility to exclude our trademarked terms from your program and we strongly suggest you add our trademarked terms as negative keywords. We have a strict no-tolerance policy on PPC trademark bidding. You will forfeit all commissions for a minimum of the past 30 days and your commission will be set to 0% without warning if you engage in PPC trademark bidding that uses our trademarked terms.
Trademarked Terms: Vivint, Vivint Smart Home, Vivint SmartHome, Vivint.SmartHome, Vivint Solar, Vivint.Solar, Vivint Wireless, Vivint Flex, Vivint Amigo, Simply Smarter, Smart Home Pros, We Make Smart Home Simple, APX, APX Alarm, Advanced Residential Marketing.
If you are enrolled in our Program and your website promotes coupon codes, you must adhere to our Coupon Guidelines as follows:
- You may ONLY advertise coupon codes that are provided to you through the affiliate program.
- Posting any information about how to work around the requirements of a coupon/promotion (i.e., first time customers only) will result in removal from the program.
- Coupons must be displayed in their entirety with the full offer, valid expiration date and code.
- You may NOT use any technology that covers up the coupon code and generates the affiliate click by revealing the code(s).
- You may NOT advertise coupon codes obtained from our non-affiliate advertising, customer e-mails, paid search, or any other campaign.
- You may NOT give the appearance that any ongoing offer requires clicking from your website in order to redeem. For example, if Vivint is offering free installation on all qualifying home security purchases, you may not turn this into an offer that infers that the customer must click from your site to get this deal.
ADVERTISING & PUBLICITY
You shall not create, publish, distribute, or print any written material, including on your own website, that makes reference to our Program without first submitting that material to us and receiving our prior written consent.
Promotion on Facebook, Twitter, and other social media platforms is permitted following these general guidelines:
- You ARE allowed to promote offers to your own lists; more specifically, you’re welcome to use your affiliate links on your own social media pages (i.e., Facebook, Twitter, Instagram, Snapchat, Tik Tok, etc.). For example: if Vivint were running a temporary 25% off sale, you could post, “25% off sale at Vivint through Wednesday with code Vivint25.”
- You ARE PROHIBITED from posting your affiliate links on Vivint’s company social media pages in an attempt to turn those links into affiliate sales.
- You ARE PROHIBITED from running Facebook ads with Vivint’s trademarks or company name.
REVERSAL & COMMUNICATION POLICY
Vivint takes pride in its very low reversal rate, which we attribute to open communication with our affiliates. However, we reserve the right to reverse orders due to order cancellations, duplicate tracking, returns, disputed charges, and program violations as outlined in these terms and conditions.
Additionally, if we ask you for clarification or more information on any orders or clicks that we suspect may be in violation of our terms and conditions, we expect that you will respond in a timely and honest manner. The items below represent some, but not all, possible violations of our communications policy:
- You are not forthcoming, intentionally vague or are found to be lying.
- You are not responsive within a reasonable time period and after multiple attempts to contact with information listed in your network profile.
- You cannot substantiate or validate the source of your traffic to our program with clear and demonstrable proof.
If you violate our communications policy, then we reserve the absolute right to reverse orders, set your commission to 0% or suspend you from the program for the period or orders in question. We know that many violations are a result of automated processes; however it is incumbent upon each affiliate to ensure that it has the appropriate checks and balances in place to proactively address these issues and adhere to our program rules.
FTC DISCLOSURE REQUIREMENTS
You shall include a disclosure statement within any and all web pages, blog posts, or social media posts where affiliate links for our affiliate program are posted as an endorsement or review, and where it is not clear that the link is a paid advertisement. This disclosure statement should be clear and concise, stating that we are compensating you for your review or endorsement. If you received any of our products or services for free from us or from the affiliate management team for review, this also must be clearly stated in your disclosure. The following guidelines also apply:
- The disclosure must be made as close as possible to the claim(s).
- The disclosure(s) should be placed above the fold; scrolling should not be necessary to find the disclosure. (e.g. the disclosure should be visible before the jump).
- Pop-up disclosures are prohibited.
For more information about FTC disclosure requirements, please review the FTC's "Dot Com Disclosures" Guidelines at http://www.ftc.gov/os/2013/03/130312dotcomdisclosures.pdf; and the FTC's Endorsement Guidelines at http://business.ftc.gov/advertising-and-marketing/endorsements.
OPERATIONS OUTSIDE UNITED STATES
If you are conducting business in or taking orders from persons in other countries, you will follow the laws of those countries. For example, you will comply with all Canadian laws applicable to your activites under this agreement if you are conducting business in or taking orders from persons in Canada.
PROHIBITION AGAINST TELEMARKETING SOLICITATION
As a condition of its participation in the Vivint Affiliate Program, you agree that you will not: (i) engage any telephonic marketing or solicitation of customers whatsoever on Vivint’s behalf; (ii) engage in door-to-door or in-person solicitation of customers for Vivint’s products and services; or (iii) engage in any email marketing referencing Vivint or Vivint’s products and services.
You agree that you will indemnify, defend and hold Vivint harmless from and against any and all claims, suits, losses, damages, liabilities, awards, costs, including attorneys’ fees and costs, or other expenses of any kind or nature arising from or relating to (a) any breach or violation by you of these Vivint Affiliate Terms & Conditions, and (b) any violation or alleged violation by you of any law, regulation or statute.
Vivint may terminate this Agreement at any time by providing you with 48 hours’ written notice of termination, which will be delivered by email, facsimile, or U.S. mail. Vivint may also suspend your participation in the Program at any time in our sole discretion, with or without prior notice to you.
GOVERNING LAWS AND JURISDICTION
You agree that this Agreement shall be subject to and governed by the laws of the State of Utah. In the event that legal proceedings become initiated with reference to this Agreement for any reason, you consent to the jurisdiction of the Utah State courts and venue to be in Utah County, Utah.
Your decision to select the checkbox next to the message “By checking this box you are agreeing to abide by the specific terms and conditions for this program” constitutes your legally-binding agreement to abide by these Vivint Affiliate Terms & Conditions.