Affiliate Program Terms of Service
These Terms of Service set forth the terms and conditions that apply to your membership in the Link Emperor Affiliate Program ("Affiliate Program" or "Program"). The Affiliate Program is operated and offered by Velluto VIP, LLC, a Nevada limited liability company.
Velluto VIP, LLC ("Velluto") reserves the right to update and change these Terms of Service from time to time without notice. Any new features that augment or enhance the current Program, including the release of new tools or resources, shall be subject to the Terms of Service. Continued use of the Program after any such changes shall constitute your consent to such changes. In such an event, an attempt will be made to inform you of the changes, but you are ultimately responsible for being aware of the current Terms of Service. You can review the most current version of the Terms of Service at any time at: http://www.linkemperor.com/affiliate-terms-of-service
Violation of any of the terms below will result in the termination of your membership in the Program and for forfeiture of any outstanding affiliate commission payments earned during the violation. You agree to use the Affiliate Program at your own risk.
Each Affiliate Program offer (an "Offer") may be for any offering by Velluto or a third party (each such third party a "Client") and may link to a specific web site for that particular Offer ("Program Web Site"). Furthermore, each Offer may have additional terms and conditions on pages within the Affiliate Program and are incorporated as part of this Agreement.
Affiliate Program Accounts
- All of the information provided by you to register for an account must be correct and current.
- You must be at least eighteen (18) years of age. Due to the Children's Online Privacy Protection Act of 1998, children under thirteen (13) years of age must not submit any individually identifiable information about themselves in any way.
- You are the only person allowed to use the primary login for your Program account, username and password. You agree not to allow anyone else to use your account or password, and to take reasonable steps to prevent unauthorized persons from learning your password and using the Program. You may create separate user accounts within the Program to provide other people access.
- One person or legal entity may not maintain more than one account.
- You are responsible for all activity that occurs under your account (even if activity is performed by others that work for you or who have accounts under your account).
- Velluto will issue payments at least once a month, toward the beginning of the month.
- There is a 60-day waiting period for each transaction before it becomes eligible for payout. This helps protect us from chargeback fraud. If the transaction amount is greater than $500, we may increase this waiting time to 6 months at our discretion.
- if Affiliate maintains an active Link Emperor subscription, monies due will be credited against Affiliate's Link Emperor monthly payment requirement first. If Affiliate does not have a Link Emperor account, or is owed more than the amount of their subscription, the remaining payment will be made by mailed check.
- Velluto reserves the right to charge back to your account any previously paid Commissions that are later determined to be invalid.
- If you have an outstanding balance due to Velluto under this Agreement or any other agreement, whether or not related to the Affiliate Program, Velluto may offset any such amounts due from amounts payable to you under this Agreement.
Acceptable Advertising Policy
- You must receive approval from Velluto before sending any electronic mail messages whatsoever with respect to this Affiliate Program. Any breach of the foregoing will result in immediate termination of your membership in the Program.
- You must not make any representations or warranties concerning Velluto or any of its products or services, except as expressly published by Velluto.
- You must not design any advertising material in such a way that implies that you are endorsed by Velluto beyond the scope of this Agreement.
- You must not use any statements in your advertising that denigrate the reputation of Velluto or any of its products. Specifically this means that you cannot place affiliate links within negative reviews or reviews that are worded to seem negative at first glance.
- You must not place any advertisements on any online auction platform (i.e. eBay, Amazon, etc), bulletin board system (vBulletin, newsgroups), chat room, Desktop software, or "pop-up" or "pop-under" window.
Compliance with Laws
- You are responsible for your own communications and for any consequences thereof. With respect to the Program, you must comply with all applicable local, state, national, and international laws, rules and regulations, including any laws regarding the transmission of technical data exported from your country of residence.
- You shall not, shall not agree to, and shall not authorize or encourage any third party to: (i) use the Program to upload, transmit or otherwise distribute any content that is unlawful, defamatory, harassing, abusive, fraudulent, obscene, contains viruses, or is otherwise objectionable as reasonably determined by Velluto (ii) upload, transmit or otherwise distribute content that infringes upon another party's intellectual property rights or other proprietary, contractual or fiduciary rights or obligations; (iii) prevent others from using the Program; (iv) use the Program to invade the personal privacy of other people (e.g. stalking or harassment); or (v) use the Program for any fraudulent or inappropriate purpose.
- Violation of any of the foregoing or any other breach of these Terms of Service may result in immediate recovation of your account(s), and may subject you to state and federal penalties and other legal consequences. Velluto reserves the right to access, read, preserve, and disclose any information as it reasonably believes is necessary to (a) satisfy any applicable law, regulation, legal process or governmental request, (b) enforce these Terms of Service, including investigation of potential violations hereof, (c) detect, prevent, or otherwise address fraud, security or technical issues (including, without limitation, the filtering of spam), (d) respond to user support requests, or (e) protect the rights, property or safety of Velluto, its users and the public. Velluto will not be responsible or liable for the exercise or non-exercise of its rights under these Terms of Service.
Copyright and Trademarks
- All materials contained on the Program are Copyright ©2011 Velluto VIP, LLC. All rights reserved. This includes, but is not limited to: graphics, text, source code, the selection, arrangement and presentation of all materials (including information in the public domain), and the overall design of the Program.
- Link Emperor, Velluto, and other trademarks and/or service marks (including logos and designs) found on the Program are trademarks/service marks that identify the goods and/or services provided by Velluto. These marks may be used in promotional material related to your Program account. Such marks may not be used in any title tags or meta tags on any webpage or in any domain names. Such marks may not be used under any other circumstances without the prior written authorization of Velluto. Such marks may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of the Velluto.
Term and Termination
- The term of this Agreement will begin upon our acceptance of your Affiliate Program application and will end when terminated by either party.
- Either Velluto or you may terminate this Agreement at any time, with or without cause, by giving the other party written notice of termination.
- Upon the termination of this Agreement, you will immediately cease use of, and remove from your site, all links to any Product Site, and all of our trademarks, trade dress, and logos, and all other materials provided by or on behalf of us to you pursuant hereto or in connection with the Program.
- Velluto reserves the right to end the Program at any time. Upon program termination, Velluto will pay any outstanding earnings accrued within one (1) month.
- Velluto, at its sole discretion, reserves the right to suspend or terminate your account and refuse any and all current or future use of the Affiliate Program, or any other Velluto service, for any reason at any time. Such termination will result in the deactivation or deletion of your account or your access to your account. Furthermore, if the termination was due to a violation of this Agreement, such termination will result in the forfeiture and relinquishment of all potential or to-be-paid commissions.
Relationship of Parties
- Velluto and you 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 Velluto.
- You may not in any manner misrepresent or embellish the relationship between Velluto and you, say you develop our products, say you are part of Velluto, or express or imply any relationship or affiliation between us and you or any other person or entity except as expressly permitted by this Agreement (including by expressing or implying that Velluto supports, sponsors, endorses, or contributes money to any charity or other cause).
- You may not issue any press release with respect to this Agreement or your participation in the Affiliate Program.
Limitation of Liability
- The Program is provided on an "AS-IS, AS-AVAILABLE" basis. Velluto does not warrant that the Program will be uninterrupted or error-free or that defects in it will be corrected. Use is at your own risk. Velluto does not guarantee that Affiliate will earn any specific amount of commissions.
- Velluto does not make any express or implied warranties, representations or endorsements whatsoever (including, without limitation, the implied warranties of Merchantability or Fitness for a Particular Purpose) with regard to the Program, and will not be liable for any cost or damage arising either directly or indirectly from your use of the Program.
- In no event will Velluto, its members, managers, officers, employees, agents or the assigns of same be liable for (1) any incidental, consequential or indirect damages (including, but not limited to, damages for loss of profits, business interruption, loss of programs or information, and the like) arising out of the use of or inability to use the Program, or any information provided on or downloaded from the Service, even if Velluto or its authorized representatives have been advised of the possibility of such damages, or (2) any claim attributable to errors, omissions or other inaccuracies in the Service.
- VELLUTO'S CUMULATIVE LIABILITY TO AFFILIATE, FROM ALL CAUSES OF ACTION AND ALL THEORIES OF LIABILITY, WILL BE LIMITED TO AND WILL NOT EXCEED THE AMOUNTS PAID TO AFFILIATE BY Velluto IN COMMISSIONS DURING THE SIX (6) MONTHS IMMEDIATELY PRIOR TO SUCH CLAIM.
- Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. In such states, our liability is limited to the greatest extent permitted by law.
- This Terms of Service constitutes a contract made under and shall be governed by and construed in accordance with the laws of the State of Nevada. Additionally, these Terms of Service constitute the entire agreement between you and Company regarding the Program, superseding any prior agreements.
- Any dispute arising under these Terms of Service will be subject to binding arbitration by a single Arbitrator with the American Arbitration Association (AAA), in accordance with its relevant industry rules, if any. The parties agree that this Agreement will be governed by and construed and interpreted in accordance with the laws of the State of Nevada. The arbitration will be held in Nevada. The Arbitrator will have the authority to grant injunctive relief and specific performance to enforce the terms of this Agreement. Judgment on any award rendered by the Arbitrator may be entered in any Court of competent jurisdiction.
- If any provision of this Terms of Service is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this agreement, which shall remain in full force and effect. No waiver of any term of this agreement shall be deemed a further or continuing waiver of such term or any other term. Nothing in this Terms of Service shall be deemed to confer any third party rights or benefits.
- Velluto may provide hyperlinks to third-party web sites as a convenience to users of the Service. Velluto does not control third-party web sites and is not responsible for the contents of any linked-to, third-party web sites or any hyperlink in a linked-to web site. Similarly, Velluto does not endorse, recommend or approve any third-party web site hyperlinked from the Service and will have no liability to any entity for the content or use of the content available through such hyperlink.
- You assign Velluto exclusive intellectual property rights to any questions, comments, suggestions, ideas, feedback or other information about the Program provided by you. Such submissions are non-confidential and shall become the sole property of Velluto, which may use and disseminate for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
BY JOINING THIS AFFILIATE PROGRAM, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU UNDERSTAND THAT VELLUTO MAY AT ANY TIME (DIRECTLY OR INDIRECTLY) SOLICIT CUSTOMER REFERRALS ON TERMS THAT MAY DIFFER FROM THOSE CONTAINED IN THIS AGREEMENT OR OPERATE WEB SITES THAT ARE SIMILAR TO OR COMPETE WITH YOUR WEB SITE. 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. IF YOU ARE APPLYING ON BEHALF OF A BUSINESS ENTITY, YOU REPRESENT THAT YOU HAVE THE LEGAL CAPACITY TO BIND SUCH BUSINESS ENTITY TO THIS AGREEMENT.
Questions regarding these Terms of Service should be sent by e-mail to us using our online contact form.