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Affiliate Program Agreement
Introduction
This Affiliate Program Agreement (“Agreement”) is intended to outline the terms and conditions for participation in the vmedulife Affiliate Program (“Affiliate Program”) and is a legally binding contract with you or the company you represent. By signing up, you agree to be bound by this Agreement in case of your appointment by vmedulife. If you do not agree to be bound by the terms of this Agreement, do not proceed with the electronic sign up process.
Appointment
Your appointment as an “Affiliate” for one or more vmedulife services that are designated to you by a vmedulife representative (“Designated vmedulife Service”) will be subject to review of the information provided by you during sign up and will be at vmedulife’s sole and absolute discretion.
Affiliate Program Eligibility
Participation in the Affiliate Program is open to individuals, businesses, industry bodies or trade associations, excluding :
- vmedulife Reseller Partners, vmedulife Reseller Consultants and any of their immediate family members;
- Any employees of vmedulife Reseller Partners; and
- vmedulife employees and their immediate family members.
During the tenure of this Agreement, you cannot participate in any other partnership program offered by vmedulife without the prior written permissionof vmedulife.
Prospective Customer Registration
Upon appointment, an account will be created for you in the vmedulife referral portal. In addition, you can embed the vmedulife sign-up link on your website using the Affiliate Link provided in your account so that interested persons can directly sign-up for Designated vmedulife Services from your website and such persons are automatically registered as a prospective customer in your account.
“vmedulife referral portal” means the online hosted application for tracking and managing: (i) purchase of Designated vmedulife Services by Customers and prospective customers; and (ii) Referral Fees earned by you through this Affiliate Program.
“Affiliate Link” means the unique tracking link provided to you with your affiliate code embedded in it.
Referral Fee
You will be eligible to receive a referral fee of 15% for a period of one year on Qualified Purchases only if :
- the prospective customer had signed up within 90 days of first clicking on the Affiliate Link;
- a Qualified Purchase is made within 90 days from the date of signing up;
- the Customer is not an existing paid customer of vmedulife;
You will not be eligible to receive a Referral Fee for any subsequent purchases made by the Customer.
“Qualified Purchase” with respect to each Customer means, the first/initial purchase of a paid subscription plan of the Designated vmedulife Service.
“Customer” means a prospective customer who purchases a paid subscription of a Designated vmedulife Service.
Payment of Referral Fee
The Referral Fee will be paid to you based on the subscription plan chosen by the Customer.
- If the Qualified Purchase is a monthly subscription plan, you will be eligible to receive Referral Fee on a monthly basis for a period of one year from the date of the Qualified Purchase.If the Customer downgrades to a free subscription plan or terminates his subscription within a period of one year, your Referral Fee will only accrue till the date the Customer cancels or downgrades the subscription.
- If the Qualified Purchase is an annual subscription plan, you will be eligible to receive Referral Fee for the whole year.
Referral Fee will accrue only upon completion of ninety (90) days from the date of the Qualified Purchase.You will not be entitled to Referral Fee in case the Customer cancels the subscription or downgrades to a free subscription plan and claims a refund of the subscription fee before the completion of ninety (90) days from the date of the Qualified Purchase. Referral Fee earned by you will be paid out only if the unpaid Referral Fee reflected in your account accrues to $100. If the unpaid Referral Fee reflected in your account equals or exceeds $100 you can request a payout. Payment will be made through wire transfer or any other method chosen by vmedulife in its sole discretion.
You will be responsible for payment of all taxes, duties, and charges levied on the Referral Fee, and you shall indemnify, defend and hold vmedulife harmless from and against any claims arising out or relating to non-payment of applicable taxes, duties, and charges.
Affiliate Conduct
You agree to conduct yourself in a responsible, professional, and appropriate manner while dealing with prospective customers. You also agree not to make any representation or warranty with respect to the Designated vmedulife Services to the prospective customers other than those representations and warranties contained in the vmedulife Terms of Service. “vmedulife Terms of Service”means the terms and conditions for www.vmedulife.com cloud services. The current version of vmedulife Terms of Service is available at General Terms
Affiliate Obligations
You shall not use the Affiliate Link to make purchase of the Designated vmedulife Service for yourself or for your employees and immediate family members.
You must clearly disclose in your site or other channels you use to promote vmedulife that this Affiliate Program is a paid partnership.
You will not reproduce in whole or in part any marketing or promotional material, videos, webinars, case studies, testimonials or user manuals created by vmedulife as your own.
Term and Termination
This Agreement will commence as of the date you receive an email from vmedulife confirming your appointment as an “Affiliate” and shall continue until terminated by either party in accordance with the provisions contained in this Agreement
- Termination without cause : Either party may terminate this Agreement at any time,for any reason, by giving thirty (30) days’ notice through email at info@vmedulife.com
- Termination for cause : Your failure to comply with any of the terms of this Agreement may result in a warning or immediate termination of this Agreement by vmedulife.
- Termination for discontinuation of the Affiliate Program: vmedulife reserves the right to discontinue the Affiliate Program. In the event vmedulife decides to discontinue the Affiliate Program, you will be provided with thirty (30) days’ notice through email.
Effect of Termination
In the event of termination of this Agreement without cause by you or for cause by vmedulife, vmedulife will pay you any outstanding Referral Fee accrued as of the date of such termination.
In the event of termination of this Agreement without cause by vmedulife or discontinuation of the Affiliate Program, you will continue to receive Referral Fee for all Qualified Purchases (as stated in ‘Payment of referral fee’clause) in respect of all customers who have converted to a paid subscription plan before the end of the thirty day notice period.
Except as specifically stated above, termination of the Agreement will end all rights and responsibilities of both parties set out in this Agreement, any email communication or any web page relating to the Affiliate Program. You must immediately remove all references to vmedulife from your website, including any vmedulife sign-up link embedded in your website.
Disclaimers
THE AFFILIATE PROGRAM AND THE DESIGNATED vmedulife SERVICES ARE PROVIDED “AS IS”. vmedulife DOES NOT MAKE ANY REPRESENTATION OR WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE WITH RESPECT TO THE AFFILIATE PROGRAM OR THE DESIGNATED vmedulife SERVICES. EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, vmedulife DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE AFFILIATE PROGRAM AND THE DESIGNATED vmedulife SERVICES INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, QUIET ENJOYMENT, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. vmedulife WILL NOT BE RESPONSIBLE FOR ANY COMPENSATION, REIMBURSEMENT, OR DAMAGES ARISING IN CONNECTION WITH TERMINATION OF THIS AGREEMENT OR YOUR PARTICIPATION IN THE AFFILIATE PROGRAM.
Limitation of Liability
vmedulife WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS INFORMATION ARISING OUT OF THIS AGREEMENT EVEN IF vmedulife HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. vmedulife’S ENTIRE LIABILITY WITH RESPECT TO THIS AGREEMENT AND THE AFFILIATE PROGRAM SHALL NOT EXCEED THE REFERRAL FEE PAID OR PAYABLE TO YOU UNDER THIS AGREEMENT.
Cookies
When a prospective customer clicks on the Affiliate Link, a cookie will be set for the purpose of tracking whether the prospective customer signs up for the Designated vmedulife Service. If the association created by a cookie,as specified above,is broken for any reason beyond the control of vmedulife and subsequently a prospective customer makes a Qualified Purchase, Affiliate will not be entitled to receive any Referral fee for the same. Cookies set and used as part of this Affiliate Program have a 90 day validity.
Changes to the Terms of this Agreement
You understand that vmedulife may modify the terms of this Agreement from time to time. However, you will be provided notice of such changes through an announcement or by electronic mail. Upon being informed of such changes, you may either terminate this Agreement within fifteen days and cease participating in the Affiliate Program or accept the changes and continue to participate in the Affiliate Program. Your continued participation in the Affiliate Program after fifteen days from the date of notice of any such changes shall constitute your consent to such changes.
Relationship of Parties
The relationship between you and vmedulife is non-exclusive. This Agreement shall not be construed as creating a partnership, joint venture, agency or any other relationship. You are not authorized to enter into any contract or to assume any obligation on behalf of vmedulife. Neither is vmedulife authorized to enter into any contract or to assume any obligation on your behalf.
Compliance with Applicable Laws
You shall ensure that your business and performance of your obligations under this Agreement are and will be in compliance with all applicable laws, including privacy and data security laws, rules and regulations. You agree to provide all reasonable co-operation, assistance and information as vmedulife may reasonably request to enable it to comply with its obligations under any applicable law.
General
This Agreement constitutes the entire agreement between You and vmedulife, and supersedes all prior communications, understandings and agreements. You may not assign this Agreement, by operation of law or otherwise, without vmedulife’s prior written consent. You agree not to register any trademarks that are confusingly similar to vmedulife’s trademarks. Similarly, you agree not to register or use any internet domain names that are confusingly similar to vmedulife’s trademarks. vmedulife’s failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of vmedulife’s right to enforce such provision or any other provision of this Agreement subsequently. If any part of this Agreement is found invalid or unenforceable, the remainder shall be interpreted so as to reasonably effect the intention of both parties.
