VISIGO AMBASSADOR PROGRAM TERMS & CONDITIONS
PLEASE READ THE ENTIRE AGREEMENT.
YOU MAY PRINT THIS PAGE FOR YOUR RECORDS.
THIS IS A LEGAL AGREEMENT BETWEEN YOU AND VISIGO_SPORT.
BY SUBMITTING THE ONLINE APPLICATION YOU ARE AGREEING THAT YOU HAVE READ AND UNDERSTAND THE TERMS AND CONDITIONS OF THIS AGREEMENT AND THAT YOU AGREE TO BE LEGALLY RESPONSIBLE FOR EACH AND EVERY TERM AND CONDITION.
This Agreement contains the complete terms and conditions that apply to you becoming an VISIGO_SPORT Ambassador. The purpose of this Agreement is to allow HTML linking between your web site and the VISIGO_SPORT web site. Please note that throughout this Agreement, “we,” “us,” and “our” will mean VISIGO_SPORT, and “you,” “your,” and “yours” will mean the affiliate.
2. Affiliate Obligations
2.1. To begin the enrollment process, you will complete and submit the online application at the on the VISIGO_SPORT Affiliate Sign Up page. We may reject your application at our sole discretion. We may cancel your application if we determine that your site is unsuitable for our Program, including if it:
2.1.1. Promotes sexually explicit materials
2.1.2. Promotes violence
2.1.3. Promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age
2.1.4. Promotes illegal activities
2.1.5. Incorporates any materials which infringe or assist others to infringe on any copyright, trademark or other intellectual property rights or to violate the law
2.1.6. Includes “VISIGO_SPORT”or variations or misspellings thereof in its domain name
2.1.7. Is otherwise in any way unlawful, harmful, threatening, defamatory, obscene, harassing, or racially, ethnically or otherwise objectionable to us in our sole discretion.
2.1.8. Contains software downloads that potentially enable diversions of commission from other ambassador in our program.
2.1.9. You may not create or design your website or any other website that you operate, explicitly or implied in a manner which resembles our website nor design your website in a manner which leads customers to believe you are VISIGO_SPORT or any other affiliated business.
2.2. As a member of the VISIGO_SPORT Ambassador Program, you will have access to the Ambassador Page. At it you will be able to review our Program's details, download banner creatives, browse and get your standalone coupons. In order to give you the commission you deserve, your friends or fans must purchase using the individual coupons we provide to you, and your website must use the banners, text links or HTML codes we provide.
2.3. VISIGO_SPORT reserves the right, at any time, to review your placement and approve the use of your links and require that you change the placement or use to comply with the guidelines provided to you.
2.4. It is entirely your responsibility to follow all applicable intellectual property and other laws that pertain to your site. You must have express permission to use any person's copyrighted material, whether it be a writing, an image, or any other copy right able work. We will not be responsible (and you will be solely responsible) if you use another person's copyrighted material or other intellectual property in violation of the law or any third party rights.
3. VISIGO_SPORT Rights and Obligations
3.1. VISIGO_SPORT reserves the right to terminate this Agreement and your participation in the VISIGO_SPORT Ambassador Program immediately and without notice to you should you commit fraud in your use of the VISIGO_SPORT Ambassador Program or should you abuse this program in any way. If such fraud or abuse is detected, VISIGO_SPORT shall not be liable to you for any commissions for such fraudulent sales.
3.2. This Agreement will begin upon our acceptance of your Ambassador application, and will continue unless terminated here under.
Either you or we may end this Agreement AT ANY TIME, with or without cause, by giving the other party written notice. Written notice can be in the form of mail, email or fax. In addition, this Agreement will terminate immediately upon any breach of this Agreement by you.
We may modify any of the terms and conditions in this agreement, at any time in our sole discretion. In such event you will be notified by email. Modifications may include, but are not limited to, changes in the payment procedures, and VISIGO_SPORT's Ambassador Program rules. If any modification is unacceptable to you, your only option is to end this Agreement. Your continued participation in the VISIGO_SPORT Ambassador Program following the posting of the change notice or new Agreement on our site will indicate your agreement to the changes.
6. Payments, Commissions and Returns
6.1. VISIGO_SPORT will pay a 20% commission on all qualifying ambassador sales. Sales includes all ambassadororders that have been sold, paid in full and shipped to the visitor from your site, but does not include amounts collected for sales taxes, duties, shipping and handling fees, or credit for returned goods or similar charges.
Product prices are at the sole discretion of VISIGO_SPORT and may change at any time.
All agreements relating to sales to customers shall be between VISIGO_SPORT and the customer.
6.2 Returns and Reversals
VISIGO_SPORT reserve the right to reverse orders due to order cancellations, duplicate tracking, returns, disputed charges, and program violations as outlined in these terms. Furthermore, if we request from you any clarification or additional information on any order or clicks that we feel may be in violation of our terms and conditions and you are either not forthcoming or intentionally vague or not responsive within a reasonable time period, we may reverse orders or suspend you from the program entirely.
7. Access to Ambassador Account Management Software
You will create a password so that you may enter VISIGO_SPORT's secure Ambassador Account Management software. From this site you will be able to receive your reports that will describe our calculation of the commissions due to you.
8. Promotion Restrictions
Under no circumstances shall you send commercial electronic mail messages as defined in the new Federal spam law, the CAN-SPAM Act of 2003. “Spamming” is an unacceptable form of advertising and any affiliates that spam will be immediately removed from the program and all commissions reversed and forfeit.
Additionally, spam postings to non-commercial newsgroups and cross-posting to multiple newsgroups at once, advertising in any way that effectively conceals or misrepresents your identity, your domain name or your return email address is not allowed. You may post to newsgroups to promote VISIGO_SPORT so long as the news group specifically welcomes commercial messages. If it comes to our attention that you are spamming, we will consider that cause for immediate termination of this Agreement and your participation in the VISIGO_SPORT Ambassador Program. Any pending balances owed to you will be forfeit if your account is terminated due to such unacceptable advertising or solicitation.
8.2. Personal Purchases
To ambassador, permanent 40% off and free shipping is promised.
8.3 Coupons and Coupon Use
ambassador of VISIGO_SPORT may display only coupon codes approved for use in the ambassador program. This approval may come in the form of the coupons being posted in the affiliate system or in written communications with the VISIGO_SPORT Ambassador Management Team. It is not in any way acceptable to post coupons and coupon codes found anywhere else on the web, in third party email newsletters or print ads or to market these offers to your users via your site, email communication, paid search or any other method. Use of unapproved codes will result in commissions being withheld and repeated violations will result in removal from the VISIGO_SPORT Ambassador Program.
9. Grant of Licenses
9.1. We grant to you a non-exclusive, non-transferable, revocable right to (i) access our site through HTML links solely in accordance with the terms of this Agreement and (ii) solely in connection with such links, to use our logos, trade names, trademarks, and similar identifying material that we provide to you or authorize for such purpose. You are only entitled to use the Licensed Materials to the extent that you are a member in good standing of VISIGO_SPORT Affiliate Program. You agree that all uses of the licensed materials will be on behalf of VISIGO_SPORT and the good will associated therewith will inure to the sole benefit of VISIGO_SPORT.
9.2. Each party agrees not to use the other's proprietary materials in any manner that is disparaging, misleading, obscene or that otherwise portrays the party in a negative light. Each party reserves all of its respective rights in the proprietary materials covered by this license. Other than the license granted in this Agreement, each party retains all right, title, and interest to its respective rights and no right, title, or interest is transferred to the other
10. Representations and Warranties
You represent and warrant that:
10.1. This Agreement has been duly and validly executed and delivered by you and constitutes your legal, valid, and binding obligation, enforceable against you in accordance with its terms;
10.2. You have the full right, power, and authority to enter into and be bound by the terms and conditions of this Agreement and to perform your obligations under this Agreement, without the approval or consent of any other party;
10.3. You have sufficient right, title, and interest in and to the rights granted to us in this Agreement.
11. Limitations of Liability
We will not be liable to you with respect to any subject matter of this agreement under any contract, negligence, tort, strict liability or other legal or equitable theory for any indirect, incidental,consequential, special or exemplary damages, even if we have been advised of the possibility of such damages.
You hereby agree to indemnify and hold harmless VISIGO_SPORT, and their directors, officers, employees, agents, shareholders, partners, members, and other owners, against any and all claims, actions, demands, liabilities, losses, damages, judgments, settlements, costs, and expenses (including reasonable attorneys’ fees) (any or all of the foregoing hereinafter referred to as “Losses”) insofar as such Losses (or actions in respect thereof) arise out of or are based on (i) any claim that our use of the affiliate trademarks infringes on any trademark, trade name, service mark, copyright, license, intellectual property, or other proprietary right of any third party, (ii) any misrepresentation of a representation or warranty or breach of a covenant and agreement made by you herein, or (iii) any claim related to your site, including, without limitation, content therein not attributable to us.
All confidential information, including, but not limited to, any business, technical, financial, and customer information, disclosed by one party to the other during negotiation or the effective term of this Agreement which is marked “Confidential,” will remain the sole property of the disclosing party, and each party will keep in confidence and not use or disclose such proprietary information of the other party without express written permission of the disclosing party.
14.1. You agree that you are an independent contractor, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between you and VISIGO_SPORT. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on Your Site or any other of Your Site or otherwise, that reasonably would contradict anything in this Section.
14.2. Neither party may assign its rights or obligations under this Agreement to any party, except to a party who obtains all or substantially all of the business or assets of a third party.
14.3. You may not amend or waive any provision of this Agreement unless in writing and signed by both parties.
14.4. This Agreement represents the entire agreement between us and you, and shall supersede all prior agreements and communications of the parties, oral or written.
14.5. The headings and titles contained in this Agreement are included for convenience only, and shall not limit or otherwise affect the terms of this Agreement.
14.6. If any provision of this Agreement is held to be invalid or unenforceable, that provision shall be eliminated or limited to the minimum extent necessary such that the intent of the parties is effectuated, and the remainder of this agreement shall have full force and effect.