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Terms of Service –

Affiliate and Resellers

The following Terms and Conditions (T&C, Terms or Agreement) apply to your participation in the Affiliate Program offered by vivocalendar (we, us, our) or any of our affiliated entities. The Affiliate Program (the Program) allows you (the Affiliate, your) to promote Vivocalendar services and receive commissions as set out in this T&C. The Terms and Conditions incorporate by reference our Acceptable Use Policy (AUP) and our Privacy Policy.

1. PARTICIPATION IN THE AFFILIATE PROGRAM

To join Vivocalendar affiliate program;

Step # 1: First, log in to Vivocalendar Platform with your credentials. To join our affiliate program, click on the partners link in footer or menu from the top menu bar and then select Affiliate Program.

Step # 2: Fill out the form to complete your affiliate profile and click CREATE YOUR AFFILIATE PROFILE on partnerstack.

Step # 3: Once your affiliate profile is created, you will be able to access your Affiliate Panel by clicking on ACCESS YOUR AFFILIATE PANEL at the top of the page. For any changes to your affiliate profile, click SAVE CHANGES at the bottom of the page.

2. YOUR RESPONSIBILITIES

As a Vivocalendar Affiliate, you agree that:

  • You are responsible for providing us with full and accurate account information and for keeping that information up to date. Such information includes, but is not limited to: contact details, all website URL(s) where Vivocalendar will be promoted, promotional practices and means, payment details and any other details we may require. We reserve the right to request additional data regarding all the websites where you promote Vivocalendar and the promotional practices you use. Failure to provide accurate information may result in exclusion from the Program, suspension or termination of your Affiliate account and forfeiture of any commissions.
  • You should act in good faith to refer customers in good standing. Customers in good standing are hosting account owners who have provided valid contact information, are not flagged for fraud risk, have active accounts as per the Vivocalendar Terms of Service and actively use their accounts. Active account usage is determined at our sole discretion and may be based on the following: The referred customer has maintained an active account with a running server on the Vivocalendar platform and that the user has not canceled the account subscription or churned out.
  • You should not take action or make recommendations to your referrals that result in a potential revenue loss for Vivocalendar .
  • You should not engage in incentivized programs and business-opportunity sites, using marketing practices that might be unethical or likely to attract customers, not in good standing.
  • You should not use on behalf of your referrals or encourage your referrals to use on their Vivocalendar accounts any copyrighted or third-party material without the proper licenses.
  • You should not copy, alter or modify any icons, buttons, banners, graphics, files or content contained in Vivocalendar Links, including but not limited to removing or altering any copyright or trademark notices, without prior written approval from us.
  • You should not engage in any SEO/spam link building techniques in order to generate more referrals for Vivocalendar .
  • You agree not to violate any applicable law.
  • You should be loyal to Vivocalendar and should not misuse its confidence and shall not damage its reputation.
  • You are required to disclose the affiliate relationship with Vivocalendar on your website.

If we detect a pattern in your affiliate practices that in our reasonable opinion violates any aspect of the T&C, we reserve the right to suspend or terminate your affiliate account and cancel all outstanding commission payments due.

3. AFFILIATE ADVERTISING

When advertising our services, you should use only promotional materials approved by Vivocalendar . Approved materials are only those we provide in your Affiliate Area or the ones that a Vivocalendar representative approves in writing. Approved materials may contain the Vivocalendar trade names, service marks, and/or logos for display on your Affiliate Site and slogans. We hereby grant you a limited, non-exclusive, non-transferable license to access and download such promotional materials for placement on your website for the sole and exclusive purpose of promoting websites owned, operated or controlled by Vivocalendar. By using such promotional materials, you agree to work with us in order to establish and maintain approved promotional materials.

Upon termination of your affiliate account, the limited, non-exclusive license to access and download promotional materials of Vivocalendar shall be automatically withdrawn.

Inappropriate ways of advertising include, but are not limited to:

  • Using any illegal or spam method of advertising, e.g. unsolicited email, unauthorized placing of the link in forums, newsgroups, message boards etc.;
  • Bidding on keywords and phrases containing the “Vivocalendar ” trademark, or variations or misspellings of the trademarked term on Pay per Click or Pay per Impression campaigns on the search engines (Google, Yahoo, MSN, Ask, Bing or others) without our prior approval. You are not allowed to use the Vivocalendar Website(s) as display URL in PPC ads and to direct-link or redirect to the Vivocalendar Website(s) without our prior approval;
  • Using non-unique copyright infringing content to promote Vivocalendar ;
  • Using traffic generated by pay to read, pay to click, banner exchanges, click exchanges, PPV advertising, pop-up/under, or similar methods;
  • Providing cash backs, rewards or any other kind of incentives to obtain the sale without our prior approval;
  • Offering price savings methods, including coupon(s), voucher(s), discount codes, or added value offers without our prior approval;
  • Using our advertising and promotional materials, trademark or name in a way which negatively affects our image;
  • Using iframes or any other techniques or technology that places your affiliate tracking cookie by any means other than an actual click-through;
  • Using link cloaking or masking techniques or technology with the goal to promote Vivocalendar on websites and/or networks not explicitly listed in your affiliate profile and hiding that traffic source;
  • Your website(s) must NOT contain lewd, obscene, illegal or pornographic material or any other material that is deemed to be objectionable. This includes, but is not limited to, bigotry, hatred, pornography, satanic materials, trademark and copyright materials, all content of an adult nature, etc. The designation of any materials as such is subject to our reasonable opinion;
  • Your domain name(s), company name, logo, trademark, product(s), project(s), service(s) must NOT contain keywords and phrases containing the “Vivocalendar ” trademark or any other variations or misspellings confusingly similar to Vivocalendar trademark, name, logo or domain name, without our prior approval;
  • Your domain name(s), company name, logo, trademark, your product(s), project(s), service(s) must NOT contain keywords and phrases that contain or are confusingly similar to third-party trademarks, names, logos or domain names, unless you have been duly authorized by the trademark owner.

Vivocalendar shall have the sole right to decide if a promotional method you use is appropriate. The use of any advertising method that we consider inappropriate may result in a warning, suspension or termination of your affiliate account and cancellation of all outstanding commission payments due.

4. AFFILIATE TRACKING COOKIES

We track affiliate sales automatically through the use of cookies. The cookies are placed in the browser of the user that clicks on the affiliate link to reach our website. Each cookie is stored for 90 days. If there is a previous affiliate cookie in the same user’s browser the new cookies will overwrite it. Vivocalendar is not responsible for cookies intentionally deleted by users.

5. AFFILIATE COMMISSIONS

We shall pay you a per-sale commission for any valid sale you refer to Vivocalendar . For a valid sale ALL of the following are true:

  • The sale was made as a result of your active referral efforts. We determine that if any of the following is true:
    • At the time of order the customer has an active cookie indicating you as the last affiliate who referred them to our website, provided that the customer has not reached our website through a search engine with a search string not containing the Vivocalendar name;
    • You claim that you have referred a customer no later than 45 days from their order date, the customer does not object to that claim and we do not have information that attributes the sale to another advertising channel.
  • Your affiliate account must be active at the time of the sale. No commission is due for sales that were made before you registered for our Affiliate Program.
  • The customer you refer has not used our services before and has not signed up for an affiliate account with us before.
  • The customer completed their order processes without any assistance from you, including when you act on behalf of the customer.
  • The sale is for any of our web hosting plans. Sales for other services or additional account features do not qualify for commissions.
  • The referred customer has maintained an active account with a running server on our platform and that the user has not canceled the account subscription or churned out.
  • Sales of hosting accounts that are canceled by the customer or suspended by Vivocalendar for any reason do not qualify for an affiliate commission.

We reserve the right to mark any sale as invalid at our own discretion, without providing any explanation or justification.

6. COMMISSION PAYMENTS

Vivocalendar shall pay all affiliate commissions based on the structure and in the US dollar currency unless a custom agreement exists in writing. The sale gets approved when the referred client has paid a minimum of 2 full invoices. When this happens, the status of your Sale commission changes from pending to approved in the affiliate panel. We shall pay:

– To affiliate before the 10th of each month through PayPal once their affiliate earnings reach $250 (approved commission) criteria.

– To affiliate before the 10th of each month through wire transfer once their affiliate earnings reach $1,000 (approved commission) criteria.

– In case affiliate is a paying customer at Vivocalendar , in that case, they can add commissions to Vivocalendar funds also. The minimum requirement for funds transfer is $100 approved commission. This is processed along with payouts.

We reserve the right to extend the holding period as set out in the T&C and without prior notice for as long as is reasonably necessary in order to establish the validity of a sale.

You are solely responsible for keeping all your information up to date including postal and email addresses, names, payment information and any other personal information that will impact our ability to process a commission payout.

We may suspend your commission payouts at any time and for any period, if we suspect fraudulent or other improper activity or a potential violation of this Agreement by you or any customer you refer.

We reserve the right to deduct from your current and future commissions any and all commissions paid out for sales that are fraudulent, questionable, or canceled. Where no current and future commissions are due, we will send you a bill for the balance of such refunded purchase upon termination of the program or termination of the referred customer account.

7. INVOICING

We shall provide you with a statement of commissions due in your Affiliate Area.

The Affiliate Program Terms and Conditions will be considered a valid Self-billing Agreement between you and Vivocalendar that shall continue until termination of your Affiliate account.

8. RELATIONSHIP OF THE PARTIES

Both Vivocalendar and the Affiliate agree that they enter into this Agreement as independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency franchise, sales representative, or employment relationship between them. The Affiliate has no authority to make or accept any offers or representations on behalf of Vivocalendar . The Affiliate cannot make any statement, whether on the Affiliate website or otherwise, that reasonably would contradict anything in this section.

9. ACCOUNT TERMINATION

You can cancel and terminate your affiliate account at any time by contacting us through your Affiliate Area. We will send you written confirmation that your account has been terminated.

Vivocalendar can terminate an affiliate account:

  • With a seven-day prior notice without explanation.
  • Immediately with no prior notice, if you or your affiliate account violate the Affiliate Program Terms and Conditions.

 

Once an affiliate account is terminated, we will no longer track the sales associated with the affiliate and you will not qualify for future affiliate commissions. Any commissions due at the time of termination will be paid to the Affiliate as per payout criteria. No outstanding commission payments will be due if we terminate your account because of the violation of this T&C.

Upon termination of the affiliate account, this Agreement shall be automatically terminated.

10. LIMITATION OF LIABILITY

YOU AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU WILL NOT UNDER ANY CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, HOLD US OR OUR LICENSORS, AGENTS, EMPLOYEES, DIRECTORS, OFFICERS AND/OR THIRD PARTY VENDORS LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES WHATSOEVER INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOST PROFITS, COST SAVINGS, REVENUE, BUSINESS, DATA OR USE, OR ANY OTHER PECUNIARY LOSS BY YOU OR ANY OTHER THIRD PARTY. YOU AGREE THAT THE FOREGOING LIMITATIONS APPLY WHETHER IN AN ACTION IN CONTRACT OR TORT OR ANY OTHER LEGAL THEORY AND APPLY EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL WE BE LIABLE TO YOU WITH RESPECT TO ANY AND ALL BREACHES, DEFAULTS, OR CLAIMS OF LIABILITY UNDER THIS AGREEMENT OR UNDER ANY OTHER DOCUMENT. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. YOU AGREE THAT IN THOSE JURISDICTIONS, OUR LIABILITY WILL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

This provision shall survive termination of the Agreement.

  • With a seven-day prior notice without explanation.
  • Immediately with no prior notice, if you or your affiliate account violate the Affiliate Program Terms and Conditions.

 

Once an affiliate account is terminated, we will no longer track the sales associated with the affiliate and you will not qualify for future affiliate commissions. Any commissions due at the time of termination will be paid to the Affiliate as per payout criteria. No outstanding commission payments will be due if we terminate your account because of the violation of this T&C.

Upon termination of the affiliate account, this Agreement shall be automatically terminated.

11. GOVERNING LAW

Any dispute, controversy or claim arising under this Agreement shall be resolved in accordance with the legislation in the jurisdiction of Malta.

12. CHANGES TO THE AFFILIATE PROGRAM TERMS

We may alter this Agreement and any policies or provisions incorporated by reference at any time. The amendments and/or supplements of the Agreement shall be effective immediately upon posting to the website of Vivocalendar . The current T&C is always available on the Vivocalendar website. Only a Vivocalendar officer may alter this T&C. No agent of, or person employed by or under contract with, Vivocalendar has any authority to alter or vary this T&C in any way. No oral explanation or oral information given by any party shall alter the interpretation of this T&C.

 

Company and Contact Information

  1. Company Name: Vivocalendar LLC
  2. Incorporated in: United States, Wyoming
  3. Contact Address: 1416 NW 46th St Suite 301 Seattle, WA 98107
  4. Email: info@Vivocalendar.com