AFFILIATE AGREEMENT
This agreement describes the entire terms and conditions for participation in The Voluptuous Woman Company, Inc. Affiliate Program. In this agreement, the term "Participant" refers to you (the applicant), and "Sponsor" refers to The Voluptuous Woman Company, Inc. (VWC). Wherever the agreement refers to "you" or "your", it means "the Participant"; "we" or "our" refer to The Voluptuous Woman Company, Inc.. The “Bath Wrap” refers to The Voluptuous Bath Wrap.
I. Qualifying Referral Fees:
The following are considered “qualifying” orders that are sold to customers via direct sales to your clients via an shareasale Voluptuous Bath Wrap affiliate website link.
II. Referral Fee and Payment:
VWC will pay you a 12.5% referral fee for each Bath Wrap that is sold via your affiliate ID. Payment will be paid monthly for an Affiliate that has accrued more than $20.00 in commissions. The Voluptuous Woman Company, Inc. reserves the right to modify the payment schedule as long as notice is posted to the shareasale.com website or sent by email.
III. Order Processing
The Voluptuous Woman Company, Inc. will be solely responsible for processing every order placed by you or your customer. The Voluptuous Woman Company, Inc.’s secure online-ordering process. Order forms, payment processing, shipping, cancellations, returns, and related customer service is the responsibility of The Voluptuous Woman Company, Inc.
IV. Promotional Techniques.
You are free to promote the Bath Wrap or other VWC products in all the ways we recommend in the introduction letter. Examples of acceptable ways to promote the Bath Wrap or other VWC products are through banners, text links, letters of recommendation to newsletter subscribers or your client base. However, if you use SPAM (in any way, shape or form, including email and newsgroup spamming), or offer the Bath Wrap or other VWC products on any WAREZ, CRACK, or SPAM oriented site, your account will be immediately terminated! Any sales generated for the month that you were terminated in will NOT be paid and will be the property of The Voluptuous Woman Company, Inc. If the Voluptuous Woman Company, Inc., Inc, is charged with SPAM as a result of any affiliates’ misuse, the Voluptuous Woman Company, Inc. reserves the right to sue the affiliate (participant) for any charges and/or damages incurred. You are not allowed to create a Facebook Business Page promoting the Plus Size Bath Wrap/Voluptuous Bath Wrap product.
V. Copyrighted material:
As the Participant, you are solely responsible for ensuring that your reviews, the Bath Wrap or other VWC products descriptions and articles (if applicable at your site) obey all applicable copyright and other laws. You must have express permission to use another party's copyrighted material. The Voluptuous Woman Company, Inc. will not be responsible if you use another party's copyrighted material in violation of the law.
The Voluptuous Woman Company, Inc. policy applies to all orders. Every customer who purchases the Bath Wrap or other VWC products through this program is deemed to be a customer of The Voluptuous Woman Company, Inc. The Participant does not have the authority to make or accept any offer on behalf of The Voluptuous Woman Company, Inc. All The Voluptuous Woman Company, Inc. policies regarding customer orders, including the Bath Wrap’s or other VWC product availability, pricing and problem resolution, will apply to these customers. The Voluptuous Woman Company, Inc. will not be responsible for any representations made by the Participant which contradict our policy. The price charged for every Bath Wrap or other VWC products sold under this program will be determined by The Voluptuous Woman Company, Inc. according to our own pricing policy. In case of any price discrepancies, the price charged to the customer will always be the price listed on The Voluptuous Woman Company, Inc. website. The Bath Wrap or other VWC products availability can change, and The Voluptuous Woman Company, Inc. will present the best information available to all sponsoring sites and its clients regarding the Bath Wrap or other VWC product availability.
VI. Term of the Agreement:
The Participant may receive referral fee payments on qualifying orders that are placed during the term of this agreement. This term will begin on the date that your application is approved by The Voluptuous Woman Company, Inc., and shall end when canceled by either party as provided below. Sales earned through the date of
expiration or cancellation of this agreement will remain payable only if the Bath Wrap is not returned or canceled. Payment of the final referral fee to the Participant may be withheld for a reasonable time in order to ensure that the correct amount is paid.
Cancellation of this agreement - Either The Voluptuous Woman Company, Inc. or the Participant, acting in their sole discretion, may choose to cancel this agreement at any time by written notice of cancellation to the other.
VII. Limitation of Liability:
The Voluptuous Woman Company, Inc. shall have no liability for any indirect, incidental, special or consequential damages or any loss of revenue or profits arising under or with respect to this agreement or the program, even if The Voluptuous Woman Company, Inc. has been advised of the possibility of such damages. Further, The Voluptuous Woman Company, Inc.'s aggregate liability arising under or with respect to this agreement or the program shall in no event exceed the total Bath Wrap sales paid or payable by The Voluptuous Woman Company, Inc. to Participant under this agreement.
VIII. Miscellaneous:
Participants are independent contractors and nothing in this agreement is intended to or will create any form of partnership, joint venture, agency, franchise, sales representative or employment relationship between the “Participant” and the “Sponsor”. Participant shall not assign this Agreement, by operation of law or otherwise, without the prior written consent of The Voluptuous Woman Company, Inc. Subject to the foregoing restriction, this agreement is binding upon, insures to the benefit of and is enforceable by the “Participant” or “Sponsor” and their respective successors and assigns.
IX. Governing Law:
This agreement shall be governed by the laws of the United States and Canada without reference to its choice of law principles.
