Veskimo Affiliate Program Terms of Use
This is a legally binding agreement. By completing and submitting the online application to become a Veskimo Affiliate, you acknowledge that you have read, understand and agree to be bound by this agreement.
- As a Veskimo Affiliate Program member, we will make available to you a variety of graphic and textual links ("Veskimo Affiliate Links"), which, subject to the terms and conditions of this Agreement, you may display on your Website. You may not modify the graphic image or text in any way. The Veskimo Affiliate Link will serve to identify your site as a member of our Veskimo Affiliate Program and will establish a link from your site to ours. In return for us providing you with the Veskimo Affiliate Link, you agree to cooperate fully with us in order to establish and maintain this Agreement. You also agree that you will display on your site only those graphic or textual images that are provided by us, and you will immediately substitute such images with any new images that are provided by us from time to time throughout the term of this Agreement.
- By participating in the Veskimo Affiliate Program, you consent that we may send to you occasional email updates regarding the program.
- You will not spam or send to unsubscribed email addresses anything to do with Veskimo or Veskimo Personal Cooling Systems products.
- We may modify any of the terms and conditions contained in our Agreement, at any time and in our sole discretion, by posting a change notice or a new agreement on the Veskimo Website. Modifications may include, for example, changes in the scope of available commissions, commission schedules, payment procedures and Veskimo Affiliate Program rules. If any modification is unacceptable to you, your only recourse is to terminate this Agreement. Your continued participation in the Veskimo Affiliate Program following our posting of a change notice or new agreement on the Veskimo Website will constitute binding acceptance of the change.
- Veskimo will pay the Affiliate a commission of 10% (which may be changed at any time) of the Visitor’s total purchases if they come to the Veskimo.com website via that Affiliate’s link. The sale could occur at the time of the visit or at a later time not to exceed 30 days. If a sale occurs after 30 days and the Visitor has not returned through an authorized Affiliate's link, then no Payout shall occur.
- "VOID" means a reversal of a Payout previously earned for a sale that is later rescinded or corrected. Veskimo may VOID transactions that are fraudulent, or in the case of returned merchandise, duplicate transactions, or other valid reasons.
- Commissions are held in escrow for 30 days (to allow for possible returns), then paid at the end of that month via PayPal. If the total of all commissions for the month is less than $25, those commissions will roll over into the following month until they exceed $25, at which time a payout is made at the end of that month.
- All statistics are collected and calculated by Veskimo, and will be the only valid statistics used for determining commissions. Totals for sales generated through your link (not commissions earned) can be viewed by logging into your account on the Veskimo website.
- As an Affiliate, you can only have one account, though it can service multiple websites/email signatures.
- We have the right to terminate any Affiliate account for any reason.
- If we determine that you have been fraudulent or used spam or links in newsgroups, chat rooms, ICQ, message boards, banner networks, hit farms, counters, or guestbooks etc., your Affiliate account can be terminated and your commissions voided.
- To sign up as an Affiliate of Veskimo and to use the Service as an Affiliate Partner you must be at least 18 (eighteen) years of age. Payout of commissions in excess of $599 in any calendar year will require the Affiliate to supply a valid tax ID, which may be your social security number for individuals or a federal tax ID for corporations or entities.
- You represent to Veskimo that all content you provide on your linked website is solely owned by you or provided by you with the express authority of the company you represent, does not infringe upon any other individual's or organization's rights (including, without limitation, intellectual property rights) and is not defamatory, libelous, obscene, pornographic, abusive, unlawful or otherwise objectionable. Veskimo does not allow our advertising to appear on adult sites, sites that display adult banners, sites that promote gambling, violence, bigotry, or hatred nor on sites that promote illegal activity, including but not limited to warez, cracking, and hacking sites. As Veskimo may not review all information provided by you, you shall remain solely responsible for your content and website.
- As a condition of your participation in the Veskimo Affiliate Program, you agree that while you are a Veskimo Affiliate Program member you will comply with all laws, ordinances, rules, regulations, orders, licenses, permits, judgments, decisions or other requirements of any governmental authority that has jurisdiction over you, whether those laws, etc. are now in effect or later come into effect during the time you are a Veskimo Affiliate Program member. Without limiting the foregoing obligation, you agree that as a condition of your participation in the Veskimo Affiliate Program you will comply with all applicable laws (federal, state or otherwise) that govern marketing email.
- You agree that Veskimo has no responsibility or liability as a result of your placement of authorized Links from your Website, and you, jointly and severally agree to indemnify, defend, and hold harmless Veskimo 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 and any related dispute. We make no representation that the operation of the Veskimo website will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors.
- Neither party shall be liable to each other by reason of any failure or delay in the performance of either of their obligations on account of force majure; 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 shall be governed by California, USA law (except for conflict of law provisions). The exclusive forum for any actions brought in connection with this Agreement shall be in the state and federal courts in and for the State of California, USA and you consent to such jurisdiction.
- You and Veskimo are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. You will have no authority to make or accept any offers or representations on behalf of Veskimo. You will not make any statement, whether on your site or otherwise, that reasonably would contradict anything in this Section.
- You are solely responsible for your banner and Affiliate account and to monitor that it is not being used fraudulently. Any Affiliate suspected of a relationship, formal or informal, with any provider of spyware or parasitic software (as judged by any interference with the operation by design of Veskimo and/or its partner sites) is subject to punitive actions by Veskimo, without notice, including but not limited to: suspension of Affiliate account; termination of Affiliate account; withholding of payments to Affiliate; and public notification of Affiliate's suspected malfeasance.
- By signing-up for a Veskimo Affiliate Account, you acknowledge that you have read this agreement and agree to all its terms and conditions. You understand that we may at any time admit others into the Veskimo Affiliate program on terms that may differ from those contained in this agreement. You have independently evaluated the desirability of participating in the program and are not relying on any representation, guarantee, or statement other than as set forth in this agreement.
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