Affiliates Program Policies: Vicrez.com

Affiliates Program Policies

These Affiliates Program policies (“Program Policies”) are incorporated by reference in the Affiliates Program Operating Agreement, and capitalized terms used in these Program Policies and not otherwise defined here will have the definitions provided in the Agreement. 

Affiliates Program Fee Statement (“Fee Statement”)

 
  1. Qualifying Purchases and Qualifying Revenue
We will pay Standard Program Fees described in Section 3 of this Fee Statement in connection with “Qualifying Purchases”, which (subject to the exclusions described in this Fee Statement) occur when:

(a) our customer clicks through a Special Link on your Site to an Vicrez Site; and

(b) during a single session, which is measured as beginning when our customer clicks through that Special Link

  1. our customer purchases a Product via checkout, or
  2. our customer purchases a Product by adding a Product to his or her shopping cart and completing the order for that Product no later than 30 days after their initial click-through of the Special Link, or
(c) with respect to Digital Products, our customer purchases such a Product by streaming or downloading it from an Vicrez Site; and

(d) our customer actually receives and pays for such Product.

For each Qualifying Purchase, the corresponding “Qualifying Revenue” is equal to the amount we actually receive from that Qualifying Purchase, less any shipping charges, gift-wrapping fees, taxes, service charges, rebates, credit card processing fees, and bad debt.

  1. Disqualified Purchases
Notwithstanding the foregoing, Qualifying Purchases are disqualified whenever they occur in connection with a violation of this Affiliates Program Fee Statement or any other terms, conditions, specifications, statements, and policies that we may issue from time to time that apply to the Affiliates Program, including the most up-to-date version of the Affiliates Program Operating Agreement (collectively, the “Program Documents”). For example, no Program Fees are payable for a purchase that is not correctly tracked or reported because the links from your Site to the Vicrez Site are not properly formatted, or for a purchase through a Special Link that violates the terms of the Program Documents.

Additionally, the following purchases that would otherwise be Qualified Purchases are disqualified and excluded from the Affiliates Program:

(a) any Product purchased after termination of your Affiliates Program Operating Agreement,

(b) any Product order where a cancellation, return, or refund has been initiated,

(c) any Product purchased by a customer who is referred to an Vicrez Site through any advertisement that you purchased through participation in bidding or auctions on keywords, search terms, or other identifiers that include the word “Vicrez”, or “Vicrez.com”, or any other trademark of Vicrez or its affiliates (variations or misspellings of any of those words (e.g., “vicrz”, and “vcrez”) (all, a “Prohibited Paid Search Placement”),

(d) any Product purchased by a customer who is referred to an Vicrez Site by a link that is generated or displayed on a search engine (including Google, Yahoo, Bing, or any other search portal, sponsored advertising service, or other search or referral service, or any site that participates in such search engine’s network),

(e) any Product purchased by a customer who is referred to an Vicrez Site by a link that sends users indirectly to the Vicrez Site via an intermediate site, without requiring the customer to click on a link or take some other affirmative action on that intermediate site (a “Redirecting Link”),

(f) any Product subject to a Bounty Event (as defined in Section 4(a) of this Fee Statement, with the corresponding related Special Program Fee) or purchased in a subscription (other than the initial purchase of the subscribed Product), and

(g) any Product purchased by a customer, where such customer does not comply with the terms and conditions applicable to the Vicrez Site.

  1. Standard Program Fees
Subject to the limitations described in this Fee Statement and compliance with the Affiliates Program Operating Agreement, we will pay you standard fees described in this section:

Fixed Standard Program Fee Rates: All Categories 5.00% 

  1. Special Program Fees
From time to time, we may run general special programs that may provide all or some Affiliates the opportunity to earn additional or alternative fees (“Special Program Fees”) such as unique promo codes. For the avoidance of doubt (and notwithstanding any time period described in this section), Vicrez reserves the right to discontinue or modify all or part of any special program at any time. All such special programs (even those which do not involve purchases of Products) are subject to disqualifying exclusions substantially similar to those identified in Section 2 of this Fee Statement, and any restriction under the Program Documents applicable to a Product purchase will also apply on a substantially similar basis as restrictions for special programs.

  1. Additional or Alternative Fee Arrangements and Fee Statement Modifications
From time to time, we may offer or impose upon one or more Affiliates supplemental special programs, such as an opportunity to earn additional or alternative fees, and such programs will be binding and effective when (i) included in a written amendment, (ii) sent by Vicrez to the primary email address on your Affiliates account, or (iii) posted on the Affiliates Site.

We reserve the right pursuant to the Agreement to modify this Fee Statement, at any time and in our sole discretion, by posting a change notice or a revised Program Policy on the Affiliates Site; provided that with respect to changes to this Fee Statement we will use commercially reasonable efforts to post such notice or revision at least 2 days prior to such modification becoming effective.

  1. Program Fee Limitations
From time to time, we may impose limits on Affiliates’ opportunity to earn Standard Program Fees or Special Program Fees. For the avoidance of doubt (and notwithstanding any time period described in this section), Vicrez reserves the right to discontinue or modify all or part of any limitation at any time.

  1. Program Fee Reporting, Timing, & Payment
We will use commercially reasonable efforts to accurately and comprehensively track Qualifying Purchases for the purposes of our internal tracking, and creating and distributing to you our reports summarizing Standard Program Fees and Special Program Fees you earned during that month.

Payments are made monthly if your balance meets the minimum threshold. We must have your tax information on file before we can make any payments.

Vicrez Affiliate will issue to you any positive balance in your account for transactions reported for the previous month, so long as your account balance exceeds the required minimum account balance of 10 USD

Our goal is to pay our affiliates as early as possible while considering all of the internal requirements for a successful payment cycle. Vicrez Affiliate will continue to strive to pay partners on the 20th of every month,  with the following exceptions:

  • If the 20th occurs on a weekend or holiday, Vicrez Affiliate will pay on the next business day.
  • If the 20th  occurs on a Friday, Vicrez Affiliate will most likely pay on the Thursday before but possibly on the Monday after if there are unforeseen issues.
  • If an unanticipated issue causes a delay in payments, we will address the problem as quickly as we can, and strive to keep you informed along the way.

We will pay Standard Program Fees and Special Program Fees approximately 30 days following the end of each calendar month in which they were earned by the method described below that you have selected:

Option 1: PayPal: We will send the fees you earn once you have provided us with your PayPal email address. If you select this option, we reserve the right to hold fees until the total amount due to you is at least $10.

Option 2: Payment by Check. We will send you a check in the amount of the fees you earn once you have provided us with a physical address. If you select this option, we reserve the right to hold fees until the total amount due to you is at least $100 and to deduct a processing fee in the amount of $15 from each check we send to you.

Option 3: Payment by Bank Transfer. We will directly deposit the fees you earn into the bank account you designate once you have provided us with the name of your bank, the bank account type, the 9-digit routing number/ABA number, the account number, and the name of the primary account holder as it appears on the account. If you have chosen payment by direct deposit and you do not provide this information, or it is not valid (for example, the account has been closed or changed), or the payment is otherwise rejected by your bank, you may instead receive payment by check which will be subject to the processing fees described below until you provide valid account information. If you select this option, we reserve the right to hold fees until the total amount due to you is at least $100 and to deduct a processing fee in the amount of $15 from each bank transfer we send to you.

If you do not select, maintain information for a payment option, or missing tour tax information, we will hold earned fees until you make your selection or provide information required.If at any time there has been no substantial activity on your account for at least 3 years, then we will have the right to withhold the accrued fees for your inactive account, up to a maximum closure withholding of $10. Further, any unpaid accrued fees in your account may be subject to escheatment under applicable law.

We may deduct or withhold any taxes that we may be legally obligated to deduct or withhold from any amounts payable to you under the Affiliates Program. From time to time, we may request tax information from you. If we request tax information from you and you do not provide it to us, we reserve the right (in addition to any other rights or remedies available to us) to hold your fees until you provide this information or otherwise satisfy us that you are not a person from whom we are required to obtain tax information.

Payments made to you, as reduced by all deductions or withholdings described in the Agreement, will constitute full payment and settlement to you of amounts payable under the Agreement.

If any excess payment has been made to you for any reason whatsoever, we reserve the right to adjust or offset the same against any subsequent fees payable to you under the Agreement.

  1. Taxes
You are responsible for any taxes that may be due in connection with your participation in the Network or otherwise on the services provided by you. Vicrez Affiliatsdoes not pay additional compensation to you for taxes. If the withholding of any tax is required in respect of any payment to you, Vicrez Affiliates will (1) withhold the applicable amount from such payment and (2) pay such amount to the relevant authorities in accordance with any Applicable Law in the relevant jurisdiction(s). Upon request from you, Vicrez Affiliates will provide a copy of the tax receipt documenting payment of the tax to the relevant authorities. You agree to complete and provide to us or to the applicable taxing authority at least 10 days prior to the payment due date, such forms, certifications or other documents as may be reasonably requested by Vicrez Affiliates , to reduce or exempt withholding taxes with respect to payments made to you when and where required by Applicable Law. If it is later determined that Vicrez Affiliates should have withheld and/or paid additional tax but did not withhold or pay such tax, then you shall pay the applicable tax and hold Vicrez Affiliates harmless from any penalties or interest thereon.

Affiliates Program Participation Requirements (“Participation Requirements”)

  1. Enrollment and Eligibility
To begin the enrollment process, you must submit a complete and accurate Affiliates Program application. You must identify your Site(s) in your application. We will evaluate your application and notify you of its acceptance or rejection. Your Site will not be eligible for inclusion in the Affiliates Program, and you cannot include any Affiliates Links or Product Advertising Content on it, if your Site is unsuitable. Unsuitable Sites include those that:

(a) promote or contain sexually explicit or obscene materials;

(b) promote violence or contain violent materials;

(c) promote or contain false, deceptive, libelous or defamatory materials;

(d) promote or contain materials or activity that is hateful, harassing, harmful, invasive of another’s privacy, abusive, or discriminatory (including on the basis of race, color, sex, religion, nationality, disability, sexual orientation, or age);(e) promote or undertake illegal activities;

(f) are directed toward children under 13 years of age, as defined by the Children’s Online Privacy Protection Act (15 U.S.C. §§ 6501-6506) and any regulations promulgated thereunder, or otherwise knowingly collect, use, or disclose personal information from children under 13 years of age;

(g) include any trademark of Vicrez or its affiliates, or a variant or misspelling of a trademark of Vicrez or its affiliates in any domain name, subdomain name, in any “tag” or Affiliates ID, or in any username, group name, or other identifier on any social networking site; or

(h) otherwise violate any intellectual property rights.

We will determine suitability at our sole discretion. If we reject your application due to unsuitable content, you may reapply at any time. However, if at any time we 1) reject your application or 2) terminate your account in connection with any unsuitability or abuse (as determined in our sole discretion), you cannot attempt to re-join the Affiliates Program. We reserve the right to withhold fees for future unauthorized Program activity.

You will ensure that the information in your Affiliates Program application and information otherwise associated with your account on the Affiliates Site, including your email address, other contact information, and identification of your Site, is at all times complete, accurate, and up-to-date. We may send notifications (if any), approvals (if any), and other communications relating to the Affiliates Program and the Agreement to the email address then-currently associated with your Program account. You will be deemed to have received all notifications, approvals, and other communications sent to that email address, even if the email address associated with your account is no longer current.

If you are a Non-US person participating in the Affiliates Program, you agree that you will perform all services under the Operating Agreement outside the United States. If, for any reason, you cannot comply with this requirement, you cannot participate in the program until you notify us using this link and receive specific approval.

  1. Mobile Applications
If you wish to include Affiliates Links in a software application designed and intended for use on mobile phones, tablets, or other handheld devices (a “Mobile Application”), you must include the name of the Mobile Application and the link to your Mobile Application in your application to the Affiliates Program. We will evaluate your application and notify you of its acceptance or rejection. A Mobile Application that is accepted will be an “Approved Mobile Application” for purposes of the Affiliates Program Operating Agreement.

  1. Links on Your Site
(a) Affiliates LinksAfter you have been notified that you have been accepted into the Affiliates Program, you are permitted to display Affiliates Links on your Site. Affiliates Links enable accurate tracking, reporting, and accrual of fees.We will have no obligation to pay you fees if you fail to properly format the links on your Site to the Vicrez Site as Affiliates Links.

(b) General Requirements Applicable to All Affiliates LinksAffiliates Links may be created by you or made available to you by us. If we inform you that your Site does not qualify to use certain types of links, you must cease displaying those types of links on your Site. You are solely responsible for the content, style, and placement of each link that you place on your Site and for ensuring that Affiliates Links (whether created by you or made available to you by us) include the appropriate formatting necessary for us to properly track referrals of our customers from your Site. For example, you must include your Tracking Link (appearing as how the Tracking Link Generator appears , or such other format as we may designate) as a parameter in the URL of each link you place on your Site to the Vicrez Site.Upon your request but subject to our approval, we may issue you additional “tracking-option” Associate IDs that permit you to monitor and optimize the performance of your Affiliates Links by including different sub-tags in the URLs of different Affiliates Links. Under no circumstances may you associate any sub-tag with a specific end user of your Site (e.g., you may not dynamically assign sub-tags to users as they arrive on your Site for purposes of monitoring such users’ behavior).You may add or delete Products (and related Affiliates Links) from your Site at any time without our approval. However, you may not use Affiliates Links to link to the Vicrez Site from references to products on your Site that are not “Products” as defined in the Agreement. For example, you cannot link to the Vicrez Site with a link for “shoes”, however you can link to the Vicrez Site with a Special Link to a specific shoe Product detail page.You must remove from your Site any links and related references to limited time promotions on or before the expiration date of that promotion. For example, if you include links to Products in the apparel category of the Vicrez Site and mention that there is 15% off select products in Vicrez’s apparel category, you must immediately remove the mention of the 15% discount from your Site on or before the expiration date of that promotion.You must not make inaccurate, overbroad, deceptive or otherwise misleading claims about any Product, the Vicrez Site, or any of our policies, promotions, or prices.Product prices and availability may vary from time to time. Because prices for and availability of Products that you have listed on your Site may change, your Site may only show prices and availability if: we serve the link in which that price and availability data are displayed. 

(c) Requirements Applicable to Specific Link Types We Make Available to You.

Links that Dynamically Generate Products: Certain types of links that we may make available to you dynamically generate particular Products to display based on a contextual analysis of the page on which they appear. Vicrez will crawl or otherwise monitor your Site and store gathered content to implement these types of links and to improve dynamic generation and the Affiliates Program. If you implement mechanisms that prevent us from crawling or otherwise monitoring your Site, you agree that these types of links may not function properly, and you will be solely responsible for any such malfunction.

  1. Responsibility for Your Site
You will be solely responsible for your Site, including its development, operation, and maintenance and all materials that appear on or within it. For example, you will be solely responsible for:

(a) the technical operation of your Site and all related equipment,

(b) displaying Affiliates Links and Content on your Site in compliance with the Affiliates Program Operating Agreement, all applicable laws (including the US FTC Guides Concerning the Use of Endorsement and Testimonials in Advertising), and any agreement between you and any other person or entity (including any restrictions or requirements placed on you by any person or entity that hosts your Site),

(c) creating and posting, and ensuring the accuracy, completeness, and appropriateness of, materials posted on your Site (including all Product descriptions and other Product-related materials and any information you include within or associate with Affiliates Links),

(d) using the Content, your Site, and the materials on or within your Site in a manner that does not infringe, violate, or misappropriate any of our rights or those of any other person or entity (including copyrights, trademarks, privacy, publicity, or other intellectual property or proprietary rights),

(e) disclosing on your Site accurately and adequately, either through a privacy policy or otherwise, how you collect, use, store, and disclose data collected from visitors, including, where applicable, that third parties (including us and other advertisers) may serve content and advertisements, collect information directly from visitors, and place or recognize cookies on visitors’ browsers, and

(f) any use that you make of the Content, and the Vicrez Marks, whether or not permitted under the Affiliates Program Operating Agreement.

  1. You will not engage in any promotional, marketing, or other advertising activities on behalf of us or our affiliates, or in connection with the Vicrez Site or the Affiliates Program, that are not expressly permitted under the Affiliates Program Operating Agreement. For example, you will not engage in any promotional, marketing, or other advertising activities in any offline manner, including by using any of our or our affiliates’ trademarks or logos (including any Vicrez Mark), any Content, or any Special Link in connection with an offline promotion or in any other offline manner (e.g., in any printed material, mailing, SMS, MMS, email or attachment to email, or other document, or any oral solicitation).
  2. Except as agreed between you and us in a separate written agreement referencing this Section 6, you will not use any Content or Special Link, or otherwise link to the Vicrez Site, on or in connection with: (a) any client-side software application (e.g., a browser plug-in, helper object, toolbar, extension, component, or any other application executable or installable by an end user) on any device, including computers, mobile phones, tablets, or other handheld devices (other than Approved Mobile Applications); or (b) any television set-top box (e.g., digital video recorders, cable or satellite boxes, streaming video players, blu-ray players, or dvd players) or Internet-enabled television (e.g., GoogleTV, Sony Bravia, Panasonic Viera Cast, or Vizio Internet Apps).
  3. The Affiliates Program is free to join, and we provide resources on the Affiliates Site to help Affiliates succeed with the program. We have never authorized any business to provide paid set-up or consulting services to our Affiliates, so please be wary if any business like that (even one attempting to appropriate the Vicrez name) reaches out to offer you costly services.
  4. Content on Your Site.You will be solely responsible for the content on your Site and ensure:

(a) You will not add to, delete from, or otherwise alter any Content in any way, including by adding additional information (for example, you may not insert words into a customer review), except that you may resize Content consisting of a graphic image in a manner that maintains the original proportions of the image or truncate Content consisting of text in a manner that does not materially alter the meaning of the text or cause the text to become factually incorrect, or misleading. Some types of links that we may make available to you may contain a link to an informational page on an Vicrez Site that is not formatted as a Special Link (for example, links to privacy policy information at the bottom of banners may not be formatted as Affiliates Links); without limiting the generality of the foregoing, you will not remove, obscure, or alter, or make invisible, illegible, or indecipherable to visitors of your Site, any “Privacy Information” link.

(b) You will not sell, resell, redistribute, sublicense, or transfer any Content or any application that uses, incorporates, or displays any Content or Data Feed. For example, you will not use, or enable, or facilitate the use of Content on or within any application, platform, site, or service (including social networking sites) that requires you to sublicense or otherwise give any rights in or to any Content to any other person or entity, nor will you create links formatted with your Affiliates tag for, or display such links on, a site that is not your Site.

(c) You will promptly remove from your Site and delete or otherwise destroy any Content that is no longer displayed on the Vicrez Site or that we notify you is no longer available for your use.

(d) You will not use any Content, including any name or likeness embodied in that Content, in a manner that implies a person’s or company’s endorsement or sponsorship of, or commercial tie-in or other association with, any product, service, party, or cause (including by placing unrelated third-party materials in close proximity to Content).

(e) You will not (and you will not seek to) purchase, register or otherwise use any Vicrez Mark or variations or misspellings of any of those words for use in any search engine (including Google, Yahoo, Bing, or any other search portal, sponsored advertising service, or other search or referral service, or any site that participates in such search engine’s network (together, a “Search Engine”)). In addition to any other rights or remedies available to us, upon our request you will cause any Search Engine designated by us to exclude Proprietary Terms (defined below) from keywords used to display your advertising content in association with search results (e.g., request exclusion by negative keyword bidding), assuming the Search Engine offers such exclusion capabilities.

(f) You will not bid on or purchase keywords, search terms, or other identifiers, including the word “Vicrez, or any other trademark (“Proprietary Terms”) or otherwise participate in keyword auctions on any Search Engine if the resulting paid search advertisement is a Prohibited Paid Search Placement (as defined in the Fee Statement). You may purchase paid search advertisements and submit links to Search Engines to appear in response to a general Internet search query or keyword (i.e., in natural, free, organic, or unpaid search results), so long as you comply with the Affiliates Program Operating Agreement and those paid or unpaid search results send users to your site and not directly, or indirectly via a Redirecting Link (as defined in the Fee Statement), to the Vicrez Site.

(g) You will not offer any person or entity any consideration, reward, or incentive (including any money, rebate, discount, points, donation to charity or other organization, or other benefit) for using Affiliates Links. For example, you cannot implement any “rewards” or loyalty program that incentivizes persons or entities to visit the Vicrez Site via your Affiliates Links.

(h) You will not intercept, record, redirect, read, interpret, or fill in the contents of any electronic form or other material submitted to us by any person or entity.

(i) You will not request, collect, obtain, store, cache, or otherwise use any account information used by our customers in connection with any Vicrez Site (including any usernames or passwords of Vicrez Site customers).

(j) You will not modify, redirect, suppress, or substitute the operation of any button, link, or other feature of the Vicrez Site.

(k) You will not make any orders or engage in other transactions of any kind on the Vicrez Site on behalf of any other person or entity, or authorize, assist, or encourage any other person or entity to do so.

(l) You will not take any action that could reasonably cause any customer confusion as to our relationship with you, or as to the site on which any functions or transactions (for example, search, browse, or order) are occurring.

(m) You will not include on your Site, display, or otherwise use Affiliates Links or Content in connection with, any spyware, malware, virus, worm, Trojan horse, or other malicious or harmful code, or any software application not expressly and knowingly authorized by users prior to being downloaded or installed on their computer or other electronic device.

(n) You will not frame the Vicrez Site, or any part of it, within your Site, including by display within an integrated web browser (e.g., WebView) within a Mobile Application.

(o) You will not post or serve any Affiliates Links or other content promoting the Vicrez Site within any pop-up or pop-under windows, transitional page ads, or layer ads, except for pop-up windows in conjunction with your Site promoting Products closely associated with the materials on your Site.

(p) You will not include any Affiliates Links in any content that you place on the Vicrez Site (for example, in connection with any advertising service available through the Vicrez Site or in a customer review, forum, Wish List, guide, or any other customer-generated context available on the Vicrez Site).

(q) You will not attempt to circumvent the Fee Statement or artificially increase your fees. For example, you can not cause any page of the Vicrez Site to open in a customer’s browser other than as a result of the customer clicking on a Special Link on your Site.

(r) You will not attempt to intercept or redirect (including via software installed on users’ computers) traffic from or on, or divert fees from, any site that participates in the Affiliates Program.

(s) You will not artificially generate clicks or impressions on your Site or create Sessions on the Vicrez Site, whether by way of a robot or software program or otherwise.

(t) You will not display or otherwise use any of our customer reviews or star ratings, in part or in whole, on your Site.

(u) You will not directly or indirectly purchase any Product(s) through Affiliates Links, whether for your use of for the use of any other person or entity, and you will not permit, request or encourage any of your friends, relatives, employees, contractors, or business relations to directly or indirectly purchase any Product(s) through Affiliates Links, whether for their use, your use or the use of any other person or entity. Further, you will not purchase any Product(s) through Affiliates Links for resale or commercial use (of any kind) or offer any Products on your Site for resale or commercial use of any kind.

(v) You will not cloak, hide, spoof, or otherwise obscure the URL of your Site containing Affiliates Links (including by use of Redirecting Links) or the user agent of the application in which Content is displayed or used such that we cannot reasonably determine the site or application from which a customer clicks through such Special Link to the Vicrez Site.

(w) You will not use a link shortening service in a manner that makes it unclear that you are linking to an Vicrez Site.

(x) Upon our request, you will provide us with written certification that you have complied with the Agreement (generally or specifically with respect to any provision of the Agreement, including the Program Policies). Any failure to provide the certification in accordance with our request will constitute a material breach of the Affiliates Program Operating Agreement.

(y) For any Associate who is a provider of services under Medicare, Medicaid or other US federal health care program, such Associate must not use Special Links to direct our customers to any Product that is covered or reimbursable under such health care program.

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