Summary

VuWing has created the first universal travel phone holder, capable of holding any smartphone on planes, trains, buses, flat surfaces and more, so that travelers can enjoy their on-the-go entertainment handsfree.

Primary Region

United States of America

Payments

Attribution Period (Cookie Length)

30 Days

VuWing Affiliate Program Agreement

PLEASE READ THIS MARKETING AFFILIATE PROGRAM AGREEMENT CAREFULLY.

This is a contract between you (the “Affiliate”) and us (“VuWing”). It describes how we will work together and other aspects of our business relationship. It is a legal document so some of the language is necessarily “legalese” but we have tried to make it as readable as possible.

The Marketing Affiliate Program Agreement applies to your participation in our Marketing Affiliate Program (the “Affiliate Program”).  These terms are so important that we cannot have you participate in our Affiliate Program unless you agree to them.

We periodically update these terms. We might also choose to replace these terms in their entirety if, for example, the Affiliate Program changes, ends, or becomes part of an existing program, including our partner programs. If we update or replace the terms we or the Affiliate Tool will let you know via electronic means, which may include an in-app notification or by email. If you don’t agree to the update or replacement, you can choose to terminate as we describe below.

Definitions

“Marketing Affiliate Program” means our affiliate program as described in this Agreement.

“Affiliate Link” means the unique tracking link you place on your site or promote through other channels.

“Affiliate Policies” means the policies applicable to affiliates which we may make available to you from time to time.

“Affiliate Tool” means the tool you to use in order to participate in the Affiliate Program (i.e. AWIN).

"Agreement" means this Affiliate Program Agreement and all materials referred or linked to in here.

“Commission” means an amount described in the Affiliate Tool for each Customer Transaction.

“Customer” means the authorized actual user of the VuWing Product who has purchased the VuWing product after being an Affiliate Lead.

“Customer Transactions” means those transactions by Affiliate Leads that are eligible for Commission pursuant to the ‘Customer Transactions’ section of this Agreement.

"Customer Data" means all information that Customer submits and all materials that Customer provides or posts, uploads, inputs or submits for public display.

"VuWing Content" means all information, data, text, messages, software, sound, music, video, photographs, graphics, images, and tags that we incorporate into our products and services.

“VuWing Product”, "Product" means the VuWing Travel Cell Phone Holder.

“Other Products” means those products we offer, which are not included for the purpose of this Agreement. Other Products include all of our marketing swag, legacy sales and marketing products, or fees for third-party products or services.

"We", "us", “our”, "Advertiser" and “VuWing” means VuWing Corp.

“You”, "Publisher" and “Affiliate” means the party, other than VuWing, entering into this Agreement and participating in the Affiliate Program.

Non-Exclusivity

This Agreement does not create an exclusive agreement between you and us. Both you and we will have the rights to work with other parties in connection with the sale and use of services and products.

Affiliate Acceptance

Once you complete an application to become an Affiliate, we will review your application and notify you whether you have been accepted to participate in the Affiliate Program, or not.  Before we accept an application, we may want to review your application with you, so we may reach out to you for more information. If we do not notify you that you are accepted to participate in the Affiliate Program within thirty (30) days from your application, your application is considered to be rejected.

If you are accepted to participate in the Affiliate Program, then upon notification of acceptance, the terms and conditions of this Agreement shall apply in full force and effect, until terminated, pursuant to the terms set forth below. Failure to complete any enrollment criteria within thirty (30) days of your acceptance will result in the immediate termination of this Agreement and you will no longer be able to participate in our Affiliate Program.

You will comply with the terms and conditions of this Agreement at all times, including any applicable Program Policies.

Customer Transactions 

Affiliate Program Limits.

Each accepted Affiliate Lead will expire according to the information provided in the Affiliate Tool from the date the Affiliate Lead clicked on the Affiliate Link that was made available by you. We will pay you Commission as described in the Affiliate Tool for each new Customer who completes an applicable Customer Transaction after clicking on an Affiliate Link made available by you, provided that you remain eligible to receive Commission pursuant to the terms of this Agreement.  The start of the Customer’s subscription is determined by the date of the first purchase by the Customer and you will receive a Commission payment for that Customer Transaction only, regardless of any additional purchases made by that customer. For example, if the initial Customer Transaction is for one Product, and there is a subsequent purchase by that same customer, Affiliate will receive Commission for the initial purchase only. The Affiliate will not be entitled to receive Commission on any additional purchases of VuWing Products by that same Customer.

Eligibility.

To be eligible for Commission (i) an Affiliate Lead must be accepted and valid in accordance with the ‘Acceptance and Validity’ section, (ii) a Customer Transaction must have occurred, (iii)  a Customer must remain a customer during the locking period in the Affiliate Tool. You are not eligible to receive Commission or any other compensation from us based on transactions for Other Products or if: (i) such compensation is disallowed or limited by federal, state or local law or regulation in the United States or the laws or regulations of your jurisdiction; (ii) the Customer has paid or will pay such commissions, referral fees, or other compensation directly to you, (iii) the Commission payment has been obtained by fraudulent means, misuse of the Affiliate Link, in violation of any Affiliate Program Policies that we make available to you, misuse of the Affiliate Tool or by any other means that we deem to breach the spirit of the Affiliate Program, or (iv) the Customer participates in any of our partner programs and is eligible to receive commission in relation to the Customer Transaction under any of these programs. If at any point you are eligible to receive a revenue share payment or commission under another Program at VuWing, that payment amount will not change based on your participation in the Affiliate Program. In competitive situations with other affiliates, we may elect to provide the Commission to the affiliate that we deem to be the most eligible for Commission, at our discretion and wherever we can apply the 'last referral rule'. We may discontinue Commission payments should any of the eligibility criteria set forth in this subsection fail to be met at any time. 

Acceptance and Validity.

You will only be eligible for a Commission payment for any Customer Transactions that derived from Affiliate Leads generated by the Affiliate Link that we make available to you and are accepted by VuWing. An Affiliate Lead will be considered valid and accepted if, in our reasonable determination: (i) it is a new potential customer of ours, and (ii) is not, at the time of submission or sixty (90) days prior, one of our pre-existing customers. Notwithstanding the foregoing, we may choose not to accept an Affiliate Lead in our reasonable discretion. If an Affiliate Lead does not purchase the Product within the time period described on the Affiliate Tool of their first click on the Affiliate Link, you will not be eligible for a Commission payment, even if the Affiliate Lead decides to purchase after the time period has expired.  An Affiliate Lead is not considered valid if it’s first click on the Affiliate Link is after this Agreement has expired or terminated.

Commission and Payment.

In order to receive payment under this Agreement, you must have: (i) agreed to the terms of this Agreement (generally completed through the Affiliate Tool); (ii) completed all steps necessary to create your account in the Affiliate Tool in accordance with its directions, (iii) have a valid and up-to-date payment method in the  Affiliate Tool with such account (iv) completed and all required tax documentation in order for the Affiliate Tool to process any payments that may be owed to you.

Commission Payout.

We or the Affiliate Tool will determine the currency in which we pay the Commission, as well as the applicable conversion rate. We will not pay more than one Commission payment or other similar referral fee on any given Customer Transaction (unless we choose to in our discretion).Taxes. You are responsible for payment of all taxes and fees (including bank fees) applicable to the Commission. All amounts payable by us to you are subject to offset by us against any amounts owed by you to us.

Commission Amounts. We reserve the right to alter or change the Commission amount as per the Affiliate Tool. 

Requirements for Payment; Forfeiture.

Notwithstanding the foregoing or anything to the contrary in this Agreement, we will have no obligation to pay you Commission associated with a Forfeited Transaction. You will be eligible to receive Commission on Customer Transactions, as long as these Customer Transactions do not involve the same Customer associated with a Forfeited Transaction.

Trademarks

During the term of this Agreement, in the event that we make our trademark available to you within the Affiliate Tool, you may use our trademark as long as you follow the usage requirements in this section.  You must: (i) only use the images of our trademark that we make available to you, without altering them in any way; (ii) only use our trademarks in connection with the Affiliate Program and this Agreement; (iii) comply with our style guide and Trademark Usage Guidelines; and (iv) immediately comply if we request that you discontinue use.  You must not: (i) use our trademark in a misleading or disparaging way; (ii) use our trademark in a way that implies we endorse, sponsor or approve of your other services or products; or (iii) use our trademark in violation of applicable law or in connection with an obscene, indecent, or unlawful topic or material.

Proprietary Rights 

VuWing’s Proprietary Rights

The VuWing Product is protected by intellectual property laws. The VuWing Product belongs to and is the property of VuWing Corp or our licensors (if any). We retain all ownership rights in the VuWing Product. You agree not to copy, rent, lease, sell, distribute, or create derivative works based on the VuWing Content, or the VuWing Products in whole or in part, by any means, except as expressly authorized in writing by us. If you wish to use VuWing Content, you must comply with our Content Usage Guidelines. VuWing, the VuWing Design, the VuWing logos, and other marks that we use from time to time are our trademarks and you may not use them without our prior written permission, except as otherwise set forth in this Agreement.

We encourage all affiliates and partners to comment on the VuWing Product and provide suggestions for improving it. You agree that all such comments and suggestions will be non-confidential and that we own all rights to use and incorporate them into the VuWing Products, without payment to you.

No Licenses. We grant to you only the rights and licenses expressly stated in this Agreement, and you receive no other rights or licenses with respect to us, the VuWing Products, our trademarks, or any other property or right of ours.

Sales by VuWing. This Agreement shall in no way limit our right to sell the VuWing Products, directly or indirectly, to any current or prospective customers.