IMPACTING THE HEALTH OF GENERATIONS
This Affiliate Service Agreement (the “Agreement”) is made by and between Team Victory, and you, as an Affiliate marketing Team Victory products (“You”, “Your”, “Affiliate”).
You must agree to abide by the terms and conditions contained in this Agreement in order to participate. Please read this Agreement carefully before registering as an Affiliate. By signing up for the Team Victory Affiliate Program, you indicate Your acceptance of this Agreement and its terms and conditions. If You do not accept this Agreement, do not enroll as a Team Victory Affiliate.
Team Victory respects the privacy of its users and will not disclose personal information to third parties without the express permission of You and Your company. If You have any questions please contact firstname.lastname@example.org.
“Affiliate” means an individual or business generating their own traffic and thus rewarded for legitimate sales, leads, clicks, or other measurable action. Affiliates use Team Victory to facilitate relationships with Merchants as well as gain tracking, reporting, and receipt of commission payment.
“Visitor” means any person, or user that clicks on a Link to a Merchant’s Web site placed on an Affiliate’s Web site.
“Sale Commission” means the Payout the Merchant sets and agrees to pay for Visitors referred to the Merchant’s Web site that results in a sale of a product or service. The sale could occur at the time of the visit or at a later time not to exceed 90 days. If a sale occurs after 90 days and the Visitor has not returned through an authorized Affiliate’s site, then no Payout shall occur.
“Payout” means the amount of sale commission a Merchant agrees to pay for an individual measurable action. The Payout is defined as either a percentage of a total sale amount, or as a set bounty (flat rate) per action.
“Commission” means the amount sale commission a Merchant agrees to pay for an individual measurable action. The Payout is defined as either a percentage of a total sale amount, or as a set bounty (flat rate) per action.
“Link” means a hyperlink placed on an Affiliate’s site that, when clicked on, sends a Visitor through to a Merchant website via redirection at Team Victory. Links take many forms including text, a product image, buttons, banners, videos or any other format acceptable to the Merchant.
“VOID” means a reversal of a Payout previously earned for a sale, lead, or click that is later rescinded or corrected by the Merchant. Merchant’s may VOID transactions that are fraudulent, or in the case of returned merchandise, duplicate transactions, or other valid reasons.
“Your Account” means a specific account the affiliate software where Commissions are credited.
As an Affiliate of the Service, you may place and remove Merchant Links on Your site and in acceptable locations.
You will receive a Commission for approved sales via Your Links. In order to place Links, You must first be approved by Team Victory to become an Affiliate. You understand that the Payout amount may be changed at any time. This information is also available to you at the Team Victory Member’s Area. You are responsible for determining if the Payout for a Link You have placed on your site has changed or been discontinued. You receive the Commission from Team Victory. Payments are made automatically on or before the tenth (15th) day of each month when your account balance reaches $50 or more for the previous months’ transactions.
There will be a $3 service fee applied to each check or PayPal payment.
Money credited to Your Account does not accrue interest. In the event of a VOID by a Merchant, Team Victory may recover from You the corresponding Commission previously credited to Your Account. The VOID Commission will be immediately deducted from Your Account balance. In the event that Your Account balance is less than the VOID Commission, the VOID Commission will be deducted against Your future earnings. You will NEVER be asked to send money to Team Victory.
Team Victory does allow NEW Affiliates to claim referrals to a maximum of 30 days prior to their enrollment as an affiliate. This may be done through the “Lost Affiliate Commissions” link in the affiliate’s back office. After 30 days the commission is lost and unclaimable by anyone. The top affiliate can NOT claim these commissions for their own – they can however help their customer enroll as an affiliate and help them claim the lost commission that will then be paid out as a 2-tier commission.
Commissions MAY be earned on third party products by Affiliates who are approved as Premium Affiliates by Team Victory for those products.
Team Victory will provide support for the product as indicated on the Team Victory Website.
Team Victory reserves the right to send e-mail to You for the purposes of informing you of applicable changes or additions to the Service or any Team Victory related products and services.
Team Victory reserves the right to change, modify, add or remove portions of this Agreement at any time and may add to, change, suspend or discontinue any aspect of the program at any time. In the event of any material change, Team Victory will notify You via e-mail, newsletter or the Team Victory Web site at least 7 days prior to any such changes taking effect, at which time You may either agree to such changes or withdraw from the program.
To sign up as an Affiliate of Team Victory you must be at least 18 (eighteen) years of age.
THE FOLLOWING TYPES OF SITES ARE NOT ALLOWED TO PARTICIPATE IN Team Victory: ADULT SITES, SITES THAT DISPLAY ADULT BANNERS, SITES THAT PROMOTE VIOLENCE, BIGOTRY, OR HATRED. SITES THAT PROMOTE ILLEGAL ACTIVITY, including but not limited to WAREZ, CRACKING, and HACKING SITES.
As part of the registration process, You will select a username and password combination that You use to access Your Affiliate area within the Service. You shall provide Team Victory with accurate, complete and updated registration information. You may not select the name of another person with the intent to impersonate that person or deceive members or other users as to Your true identity. You agree that Team Victory may rely on any data, notice, instruction or request furnished to Team Victory by You which is reasonably believed by Team Victory to be genuine and to have been sent or presented by a person reasonably believed by Team Victory to be authorized to act on Your behalf. You shall notify Team Victory by e-mail at email@example.com of any known or suspected unauthorized uses of Your Account, or any known or suspected breach of security, including loss, theft or unauthorized disclosure of Your username and password. You shall be responsible for maintaining the confidentiality of Your username and password and You are responsible for all usage and activity on Your Account, including use of the account by a third party authorized by You to use Your Account. Any fraudulent, abusive or otherwise illegal activity may be grounds for termination by Team Victory and referral to the appropriate law enforcement agencies.
Links may not be placed in newsgroups, unsolicited e-mail, ICQ, banner networks, counters, chatrooms or guestbooks. Any Link placed must be done in such a way that it is not misleading to any Visitor and done with the intention of delivering valid sales, leads, or clicks to the related Merchant for that Link.
Points or reward programs for click or lead programs are NOT allowed. Team Victory RESERVES THE RIGHT TO DEEM ANY SITE INAPPROPRIATE AND TERMINATE THE SITE AS A MEMBER OF Team Victory. If You are terminated from the Service, Team Victory has the right to withhold money You earned within the Service or money that You owe within the Service and You will not be allowed to re-join Team Victory.
Team Victory OR ITS SUPPLIERS OR RESELLERS OR MERCHANTS SHALL NOT BE LIABLE TO YOU OR ANY OTHER PERSON FOR (I) ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER ARISING OUT OF THE USE OF OR INABILITY TO USE THE Team Victory PRODUCT OR ANY INFORMATION PROVIDED ON THE Team Victory WEB SITE OR ANY OTHER HYPERLINKED WEB SITE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA, EVEN IF Team Victory OR A Team Victory AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS OR OTHER INACCURACIES IN THE WEB SITE OR ANY HYPERLINKED WEB SITE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, Team Victory’s LIABILITY IS LIMITED TO THE SMALLEST AMOUNT PERMITTED BY LAW. THIS PARAGRAPH WILL SURVIVE THE FAILURE OF ANY EXCLUSIVE OR LIMITED REMEDY.
You agree that Team Victory has no responsibility or liability as a result of Your placement of authorized Links from Your Web site, and You, and the Merchant, jointly and severally agree to indemnify, defend, and hold harmless Team Victory and its affiliates, officers, directors, employees and agents from and against any and all liability, claims, losses, damages, injuries or expenses (including reasonable attorneys’ fees) directly or indirectly arising from or relating to any offer or any other matter related to this Agreement or the subject matter hereof and any dispute relating thereto.
Team Victory agrees to indemnify, defend, and hold harmless Affiliate and its affiliates, officers, directors, employees and agents from and against any and all liability, claims, losses, damages, injuries or expenses (including reasonable attorneys’ fees) directly or indirectly arising from or relating to Team Victory’s negligence or willful misconduct in performance of the Services or its breach of this Agreement.
You, the Affiliate, are granted a non-exclusive, limited, revocable right to use Merchant provided trademarks and banners. All images, technology and content provided for Your use is and shall remain the sole property of the Merchant, and no part thereof shall be deemed assigned or licensed to You except as explicitly provided for herein. All intellectual property rights, including trademarks, copyrights, patent rights or applications, trade-names and service marks related to the foregoing shall remain the Merchant’s sole property, including rights in and to any derivatives thereof. You may not modify the trademarks, banners, the content or any of the images provided to You in any way.
A Merchant may immediately terminate Your license to use the marks if the Merchant reasonably believes that such use dilutes, tarnishes or blurs the value of their marks. You acknowledge that Your use of the marks will not create in You, nor will You represent that You have, any right, title or interest in or to the marks other than the license granted by the Merchant above. You will not challenge the validity of or attempt to register any of the marks or Your interest therein as a licensee, nor will You adopt any derivative or confusingly similar names, brands or marks or create any combination marks with the marks. You acknowledge the Merchant’s ownership and exclusive right to use the marks and agree that all goodwill arising as a result of the use of the marks shall inure to the benefit of the Merchant.
Team Victory makes no representations whatsoever about any other Web site which You may access through the Service. In addition, a link to a non-Team Victory Web site does not mean that Team Victory endorses or accepts any responsibility for the content or the use of such Web site.
Affiliate or Team Victory may assign this Agreement to any successor or affiliate upon notice to the other party and mutual agreement between both parties.
Neither party shall be liable hereunder by reason of any failure or delay in the performance of its obligations hereunder on account of strikes, shortages, riots, insurrection, fires, flood, storm, explosions, acts of God, war, governmental action, labor conditions, earthquakes or any other cause which is beyond the reasonable control of such party.
This Agreement represents the complete agreement concerning this license and may be amended only by a writing executed by both parties. THE ACCEPTANCE OF ANY PURCHASE ORDER PLACED BY YOU IS EXPRESSLY MADE CONDITIONAL ON YOUR ASSENT TO THE TERMS SET FORTH HEREIN, AND NOT THOSE IN YOUR PURCHASE ORDER. If any provision of this Agreement is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable.