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VisionRise Industries Affiliate Program Agreement
Last Updated: 11/20/20 2:50 PM
We are a small team of people who are doing our best to make a difference on the planet. At the same time, we realize that structure has to be in place to make a company like ours succeed. Structure is what keeps it all together. Please try to remember this as you read the following agreement. If you have comments or questions about this agreement, feel free to contact us.
This agreement contains the complete terms and conditions that apply to an individual's or entity's participation in VisionRise Industries' Affiliate Program. From this point herein, VisionRise Industries and all its associates, heirs and assigns shall be referred to as "we," "us," and/or "VisionRise Industries." VisionRise Industries' Affiliate Program shall be referred to as "Program. "The Affiliate shall be referred to as "you." VisionRise Industries’ World Wide Web site (located at the URL www.visionrise.com), any site associated with VisionRise Industries and/or any site for which you, the Affiliate, are responsible, and by which you will be identified in your Program application, shall herein be referred to as "Site."
By participating in the Affiliate Program, you agree to abide by the following terms and conditions. You acknowledge that you are at least 18 years of age. You acknowledge that you have independently evaluated the program and are not relying on any representation, guarantee, or statement other than set forth herein. You represent and warrant that you have 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. You agree to abide by the guidelines that we recommend covering all aspects of this Affiliate Program. You acknowledge that as a participant in the Program, we may from time to time send you e-mail updates about the Program. By participating in the Program, you consent to our sending you these e-mail updates. If you do not accept this agreement, you are not authorized to be an Affiliate, and you may not use our graphics, links, and other Affiliate Program resources.
RELATIONSHIP OF PARTIES
You are an independent contractor, a separate entity from VisionRise Industries. 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 our behalf. You will not make any statement, whether on your site or otherwise, that reasonably would contradict anything in this Section. We will not treat you as an employee for federal and state tax purposes and you are responsible for your own local, state and federal taxes. You will not participate in any benefits provided by VisionRise Industries to its employees, including, but not limited to health insurance coverage or benefits, worker's compensation benefits, pension plans, bonuses, paid vacation or sick pay. Compensation paid to you hereunder will be reported by VisionRise Industries according to the Internal Revenue Code pursuant to Form 1099.
You acknowledge that, by participating in the Program and giving referrals to potential VisionRise Industries customers, VisionRise Industries may receive information from or about potential customers that you refer to us. Customers who purchase products through the Affiliate Program will be deemed to be customers of VisionRise Industries. Accordingly, all of our rules, policies, and operating procedures concerning customer requests, customer service, and service sales will apply to those customers. Your participation in the Program grants us your consent to use, access, store, receipt, and disclose all and all such information, consistent with VisionRise Industries' policies and procedures.
AFFILIATE ACCOUNT ENROLLMENT
To create an Affiliate Account, you agree to submit a completed Affiliate Program application, which is located on our website. Your account will automatically be approved. We may evaluate your application and if at some point, we determine (in our sole discretion) that you are unsuitable as an Affiliate, we will notify you of your rejection. Unsuitable Affiliates likely include those that promote violence, sexually explicit materials, discrimination, illegal activities, and/or violate intellectual property rights or trademarks. By participating in our Program, you agree that you will not engage in any such activities.
We reserve the right to change, add, modify, or remove sections of this agreement at any time, and change or discontinue any aspect of its Program at any time. Modifications may include, for example, changes in the scope of available referral fees, referral fee schedules, payment procedures, product prices, and Program rules. In such cases, we will notify you of such changes either by e-mail or by posting in the Affiliate Area of our website. You accept full responsibility for keeping yourself informed of all policies, changes, terms and conditions within this agreement and with VisionRise Industries and its associates, heirs and assigns, and the site. If any change is unacceptable to you, the only recourse is to terminate this agreement. Your continued participation in the program following our posting of changes will constitute binding acceptance of the changes.
This agreement constitutes the entire and exclusive agreement between the parties and cancels and supersedes all prior promises, representations, understandings and/or agreements relating to this program.
The terms of this agreement will begin upon your joining our Program and will end when terminated by either party. Either you or VisionRise Industries may terminate this agreement at any time, with or without cause. Upon the termination of this agreement for any reason, you will immediately cease soliciting referrals for VisionRise Industries. You will also immediately cease use of any resources provided, by or on behalf of VisionRise Industries, to you pursuant hereto or in connection with the Program. You are eligible to earn referral fees or product discounts only on our sales of Qualifying Products that occur during the term of this agreement, and referral fees earned through the date of termination will remain payable only if the related orders are not canceled or returned. We may withhold your final payment for a reasonable time to ensure that the correct amount is paid.
If any provision of this agreement shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.
VisionRise Industries may assign this agreement to any successor.
Neither the Affiliate nor VisionRise Industries shall be liable under this agreement by reason of any failure or delay in performance of its obligations in this agreement on account of strikes, shortages, riots, insurrection, fires, flood, storm, explosions, war, governmental action, labor conditions, earthquakes, or any other cause which is beyond the reasonable control of VisionRise Industries or the Affiliate.
In connection with the activities contemplated by this agreement, you may acquire confidential technical or business information of VisionRise Industries which is not generally known to the public, including, but not limited to, client information, proposals, ideas or research related to possible new products, financial statements and other financial information, any reporting information required by the agreement, and the terms of this agreement and the relationship between the parties (collectively, "Confidential Information"). You agree not to disclose the Confidential Information or use the Confidential Information for your own benefit or for the benefit of any third party.
Your obligations in this Confidentiality Agreement Section do not apply to any information, that can be publicly documented or that exists in the public domain. Further, your obligation does not include information illicitly communicated outside VisionRise Industries through no fault of yours, any information that was rightfully in your possession free of any obligation of confidence, any information requested and required by a valid order by a court or other governmental body, or any information deemed required by law. Upon the termination or expiration of this agreement, you shall return all confidential information that is property of VisionRise Industries immediately upon our request.
We make no express or implied warranties or representations with respect to the Affiliate Program, any products sold through the Program, or your potential to earn income from the Affiliate Program. In addition, we make no representation that the operation of VisionRise Industries, our affiliate tracking system, or our site will be uninterrupted or error-free. Further, VisionRise Industries, assumes no liability to the affiliate or to any third party for any damages, including loss of profits, lost savings or other special, consequential, or incidental damages arising out of the operation of, or inability to operate, the site, affiliate tracking system, or ordering system, even if we have been advised of the possibility of such damages. You agree that if you engage in any of the suggested guidelines given to you as an Affiliate Member, you do so at your own risk. Further, our aggregate liability arising with respect to this agreement and the Program will not exceed the total commissions paid or payable to you under to this agreement.
You agree to indemnify and hold harmless VisionRise Industries and its employees, directors, representatives, agents, and affiliates, against any and all claims, suits, actions, or other proceedings brought against VisionRise Industries based on, or arising from, any claim resulting from your breach of our warranties and covenants. You agree to pay any and all costs, damages, and expenses, including, but not limited to, reasonable attorneys' fees and costs awarded against or otherwise incurred by the other party in connection with or arising from any such claim, suit, action, or proceeding.
Any dispute relating in any way to this agreement (including any actual or alleged breach hereof), any transactions or activities under this agreement or your relationship with us or any of our affiliates shall be submitted to arbitration under the rules of the American Arbitration Association, and the finding of the Arbitrator shall be binding on all parties. Any dispute shall be submitted to Confidential Arbitration in Miami, Florida, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights. We may seek injunctive or other appropriate relief in any state or federal court in the state of Florida (and you consent to non-exclusive jurisdiction and venue in such courts) or any other court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this agreement shall be joined to an arbitration involving any other party subject to this agreement, whether through class arbitration proceedings or otherwise.
This agreement will be governed by the laws of the United States and the State of Florida, without reference to rules governing choice of laws. You may not assign this agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this agreement will be binding on, inure to the benefit of, and be enforceable against the parties and their respective successors and assigns. Our failure to enforce your strict performance of any provision of this agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this agreement. You may not issue any press release with respect to this agreement or your participation in the Program without first submitting the material to VisionRise Industries and receiving its consent in writing; such action may result in your termination from the Program.
We supply you with Affiliate Links in your private, password-protected Affiliate Control Panel. An Affiliate Link is copied from your Affiliate Control Panel and then pasted on your site, newsletters or e-mails. All links we give you have a code that is unique to you, and serves to track all of your commissions. These links will be attached to text. When a visitor clicks on these links and comes into our site, your Affiliate information is tracked. If during that visit to our website, the visitor makes a purchase, the commission will be given to you based upon the other sections of this agreement. You must ensure that each of the links between your site and VisionRise Industries' site properly utilizes the link tracking system. Any change you make to your Affiliate link may prohibit the tracking from functioning properly. If this link is altered in any way after copying from our webpage, we take no responsibility for any missed sales. We have the right to monitor the content on your Web Site in a commercially reasonable manner as we believe necessary to monitor use of the links and for compliance with the terms of this agreement. We have the right to notify you of any reasonable changes that you need to make to comply with our guidelines for the use of the Links and to otherwise comply with the terms of this agreement; and you agree to promptly make such changes. You agree that VisionRise Industries will be allowed to place an identifying code in each Link that will identify the origin of a user that arrives directly at our Site by clicking on the Link. Though we believe our tracking system is accurate, we make no representation regarding the ability of the system to track any specific customer for any specific length of time. You agree not to dispute or challenge the tracking performed by our Affiliate Management Software that administers this program.
VisionRise Industries grants a non-exclusive, revocable, limited right to the Affiliate to use our Affiliate Program resources available only in the Affiliate Section of our site, including but not limited to banners, articles, and affiliate links. All images, programs, HTML code, and content provided by VisionRise Industries shall remain the sole property of VisionRise Industries, and no part shall be deemed assigned or licensed to the Affiliate except as explicitly provided for in this document. All intellectual property rights, including trademarks, copyrights, trade names, and product marks shall remain the sole property of VisionRise Industries, including rights in and to any derivatives of them. The Affiliate may not modify the trademarks, banners, the content, or any of VisionRise Industries' provided images in any way unless otherwise stated. You may not post any advertisements or promotional content on your site in conjunction with the display of our site unless otherwise stated, or assist, authorize, or encourage any third party to take any such action.
You agree that you will use any images, text, data, or other information obtained from us in connection with this agreement only in a lawful manner and only in accordance with the terms of this agreement. You may not create Content (banner, text, etc.) representing VisionRise Industries, our Site, or our products, qualified or otherwise, without written consent from VisionRise Industries, unless otherwise stated. Other than to resize it, you will not modify or alter any graphic image supplied by us. Other than to shorten its length, you will not edit any Content that consists of text supplied by us, unless otherwise stated. You will not use any Content in a manner intended to send sales to any site other than VisionRise Industries Site. You will not redistribute, sell, sub-license or transfer any VisionRise Industries Content, unless otherwise stated. You will promptly delete any VisionRise Industries Content that is not available for your use. You shall not "frame" or "mirror" any part of our Site without the prior written authorization of VisionRise Industries.
SERVICE/PRODUCT PROCESSING AND AFFILIATE COMPENSATION
VisionRise Industries will process requests for products placed by customers who contact us via internet, phone, postal mail, or in-person. We reserve the right to reject requests that do not comply with requirements established by VisionRise Industries. We will be responsible for all aspects of product processing and fulfillment, clerical and administrative, including but not limited to preparation of service forms and processing of payments and cancellations. Additionally, VisionRise Industries will handle all customer service and sales functions, including but not limited to tracking of sales made to customers by VisionRise Industries and customer disputes.
Products that are eligible to earn referral fees under the rules set forth in this agreement are referred to as "Qualifying Products." VisionRise Industries will only give Affiliate payments for the specific products that are outlined and available in the Affiliate Program. You acknowledge that, by participating in the Affiliate Program and giving referrals of potential VisionRise Industries customers, you give consent to VisionRise Industries to access, receive, store, use, and disclose any and all such information, consistent with VisionRise Industries' policies and procedures, even if the customer(s) purchase products that are not outlined/available as "Qualifying Products." Product prices and availability may vary from time to time. Although we use reasonable efforts to present accurate information, we cannot guarantee the availability or price of any particular product.
You agree to be solely responsible for any personal resources you use as an Affiliate. For example, you will be solely responsible for the development, operation, and maintenance of any website, e-mail newsletter, or forum and the appropriateness of anything included in that resource. We disclaim all liability for these matters. Further, you will indemnify and hold us harmless from all damages, claims, and expenses relating to the development, operation, maintenance of such resources. As a condition to your participation in the Affiliate Program, you agree to 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 an Affiliate.
VisionRise Industries in no way participates in mass unsolicited e-mailing (i.e. spamming), and all Affiliates are expected to abide by this policy as well. Violation of this policy will result in the termination of this agreement and immediate dismissal from VisionRise Industries' affiliate program, with no refunds. Mailings are generally acceptable only when recipients are already customers or subscribers of your products, and recipients have the option to remove themselves from future mailings. You agree to make no such promotions that suggest or imply any false or misleading information regarding your identity. For example, promotional e-mail message headers must be authentic and valid, with accurate Form, Subject, and Removal, Unsubscribe or Opt-Out information. You agree to make no such promotions that use mousetraps, such as windows that spawn new windows or otherwise resist being closed. You agree that all such promotions will be fully compliant with US laws, including US federal and state laws regarding network abuse, unsolicited messaging, and FTC Advertising Rules and Disclosure Rules.
We will only pay referral fees on products after product requests have been made and payments from customers have been received. There may be an authorization period, usually up to one week, between the time such payment is made by the customer and when VisionRise Industries pays the Affiliate commission. You may not purchase products for your own use and receive Affiliate fees. If you are an Affiliate and you would like purchase one of our products, it is your responsibility to delete all tracking cookies in your computer before purchase is made. You may not directly or indirectly offer any person or entity any consideration or incentive for purchasing any of VisionRise Industries' products. This includes, without limitation, payment of money (including any rebate), or granting of any discount. You may not make any product requests or engage in other transactions of any kind on behalf of any third party, or authorize, assist, or encourage any other person or entity to do so. You may not attempt to circumvent the referral fee schedule or artificially increase your referral fees. You may not attempt to intercept traffic from, or divert referral fees from, any web site that participates in the Program. If we determine, at the sole discretion of VisionRise Industries, that you have engaged in any such activities that contradict this agreement, we may (without limiting any other rights or remedies available to us) withhold any Affiliate fees otherwise payable to you under this agreement and/or terminate this agreement. You understand that the Company may temporarily hold any portion of the funds in your Affiliate account if we determine such action is needed to secure the payment and performance of all liabilities, obligations, and indebtedness you may incur with the Company.
Payments will be made via PayPal, Direct Bank Deposit, or Check. on the 1st and 15th day of every month if your accumulated commission totals $50 USD or more. Payments over $1000 are sent at our expense by US Priority Mail (US) or Global Priority Mail (Europe, Canada, Australia, etc) wherever possible. Because no postal service is 100% reliable, if your check is significantly delayed, you may request that we send you a new check. To request that a check be reissued, please Contact Us.
VisionRise Industries paychecks are VOID after 90 days from the date of issue. We can issue a new check if the stale check is in our possession. Please write "VOID" across the check and send it to the following address. After we receive the check, a new one will be issued on the next payout date:
Attn: Paycheck Department
1817 West Capps
Monticello, Florida, 32344
In some countries mail theft is not uncommon. If a paycheck is fraudulently endorsed (deposited by someone other than you) you will need to open a fraud case with our bank. If the bank determines that fraud did occur, they will reimburse us the funds so that we may issue you another check. We cannot reissue a check prior to the funds being returned to us, or prior to the completion of the investigation by the bank.
If a customer dispute cannot be resolved, we may be forced to refund the sale. When a sale is refunded the customer receives a 100% refund, and payouts from that sale are debited back out of the corresponding Affiliate accounts.
We only give affiliate commissions for sales. We do not give commissions for website visits when no purchase is made, calls that don't result in a sale, etc. Our Affiliate Program pays the Affiliate only when a sale results from a visitor who arrives on our site through an Affiliate Link on the Affiliate's website. If the sale does not occur during the visitation session or at a later time, no commission payout will be made.
If the purchaser enters through a Non-Affiliate link, makes an unauthorized payment, makes a duplicate entry, does a payment reversal at any time, does not make full payment, refuses to pay for a product, the payment made to the Affiliate for that purchase shall be rescinded. Calculation of referral fees will include deduction of sales revoked or "charged back" by the customer. Such referral fees will be recovered to the Affiliate if VisionRise Industries is able to successfully dispute the revocation or chargeback.
We are obligated by U.S. federal law to obtain tax information from Affiliates who are U.S. citizens, U.S. residents or U.S. corporations and from Affiliates who are not U.S. citizens or residents but whose businesses are taxable in the U.S. If we believe you are an Affiliate from whom we are obligated to obtain tax information, and you do not provide this information to us after we have requested it, we may withhold your referral fee payments until you provide this information or otherwise satisfy us that you are not a person from whom we are required to obtain tax information. You agree that you are responsible to pay all applicable taxes, and to obtain all relevant licenses and permits associated with the legal operation of your enterprise. VisionRise Industries agrees to issue IRS Tax Form 1099 to Affiliates if their calendar year payments exceed the maximum payout allowed without a 1099 under Federal tax law (currently $600).
Questions and Suggestions
If you have any concerns or questions about our Affiliate Program Agreement, please contact us:
1817 West Capps
Monticello, Florida, 32344