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Affiliate Program Terms of Service

Last updated: September 6, 2024

Introduction

These Affiliate Program Terms of Service ("Affiliate Terms") govern your participation in the Vidgenie.ai Affiliate Program ("Program"). By applying to or participating in the Program, you ("Affiliate", "you", or "your") agree to these Affiliate Terms. These Affiliate Terms are in addition to and do not replace the Vidgenie.ai Terms of Service, which also apply to your participation in the Program.
Vidgenie.ai ("we", "us", or "our") reserves the right to modify these Affiliate Terms at any time. Your continued participation in the Program after such modifications constitutes your acceptance of the updated Affiliate Terms.

Program Eligibility

2.1. To be eligible for the Program, you must:
  • Be at least 18 years old or the age of majority in your jurisdiction, whichever is higher.
  • Have a valid, active Vidgenie.ai account in good standing.
  • Provide accurate and complete information during the application process.
2.2. We reserve the right to reject any application or terminate any affiliate relationship at our sole discretion.
2.3. Self-Referrals: You may not earn commissions on your own purchases or purchases made by:
  • Your immediate family members or household members
  • Any business entity in which you have a controlling interest
  • Any account registered under your name, email, or household
  • Using your own affiliate link for personal purchases
Any such referrals will be deemed invalid and any associated commissions will be forfeited. Attempts to circumvent this policy may result in immediate termination from the Program and forfeiture of all unpaid commissions.

Enrollment

3.1. To enroll in the Program, you must complete the application at Vidgenie's Affiliate Signup Page.
3.2. We will review your application and notify you of your acceptance or rejection. If accepted, you will receive a unique affiliate link and access to our affiliate dashboard.

Commission Structure

4.1. Commission Rate: You will earn a 20.00% commission on the total sale amount for each qualified referral.
4.2. Qualified Referral: A qualified referral is a new customer who makes a purchase using your unique affiliate link within the specified cookie window.
4.3. Cookie Window: The cookie window is 30 days. This means that if a referred visitor makes a purchase within 30 days of clicking your affiliate link, you will receive credit for the referral.
4.4. Commission Period: You will earn recurring commissions on qualified referrals for as long as the referred customer maintains an active subscription.
4.5. Maximum Commission: There is no maximum limit on the total commissions you can earn per customer.
4.6. Commission Changes: We reserve the right to modify the commission structure at any time. Any changes will be communicated to you and will apply to future referrals.

Payment Terms

5.1. Minimum Payout: Commissions will only be paid when your total earned commissions reach or exceed $50.
5.2. Payment Schedule: Commissions become due 60 days after the initial sale to allow for potential refunds or chargebacks.
5.3. Payment Method: Payments will be made through PayPal.
5.4. Taxes: You are responsible for any taxes associated with your affiliate earnings. We will provide 1099 forms or equivalent tax documentation as required by law.

Affiliate Obligations

6.1. Compliance: You must comply with all applicable laws, regulations, and these Affiliate Terms in your promotion of Vidgenie.ai.
6.2. Prohibited Activities: You may not:
  • Use any spam, automated software, or bulk messaging to promote Vidgenie.ai.
  • Make false or misleading claims about Vidgenie.ai or its services.
  • Bid on Vidgenie.ai trademarks or brand terms in search engine advertising.
  • Use Vidgenie.ai's intellectual property without express written permission.
6.3. Disclosure: You must clearly disclose your affiliate relationship with Vidgenie.ai in all promotional content, in compliance with FTC guidelines or equivalent regulations in your jurisdiction.

Intellectual Property

7.1. License: We grant you a limited, non-exclusive, non-transferable license to use our provided marketing materials solely for the purpose of promoting Vidgenie.ai through the Program.
7.2. Restrictions: You may not modify, reverse engineer, or create derivative works based on our intellectual property or services.

Term and Termination

8.1. Term: These Affiliate Terms will remain in effect until terminated by either party.
8.2. Termination: Either party may terminate this agreement at any time, with or without cause, by giving written notice to the other party.
8.3. Effects of Termination: Upon termination, you must cease all promotion of Vidgenie.ai and remove all affiliate links and marketing materials from your properties.

Limitation of Liability

9.1. We are not liable for any indirect, incidental, special, or consequential damages arising out of or in any way connected with the Program.
9.2. Our total liability under these Affiliate Terms shall not exceed the amount of commissions paid to you in the 12 months preceding the claim.

Indemnification

You agree to indemnify and hold Vidgenie.ai harmless from any claims, losses, damages, liabilities, costs, and expenses (including legal fees) arising from your participation in the Program or violation of these Affiliate Terms.

Confidentiality

You agree to keep all information about the Program, including commission rates and payment terms, confidential and not to disclose such information to any third party.

Governing Law and Dispute Resolution

12.1. Governing Law: These Affiliate Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law provisions.
12.2. Jurisdiction: Any legal action or proceeding arising out of or relating to these Affiliate Terms shall be instituted in the state or federal courts located in Delaware, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such action or proceeding.
12.3. Arbitration: Notwithstanding the foregoing, any controversy or claim arising out of or relating to these Affiliate Terms, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The place of arbitration shall be Seattle, Washington.
12.4. Class Action Waiver: The parties agree that any arbitration shall be limited to the dispute between the parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other; (b) there is no right or authority for any dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
12.5. Exceptions to Arbitration: Notwithstanding the parties' agreement to resolve all disputes through arbitration, either party may seek relief in a small claims court for disputes or claims within the scope of that court's jurisdiction.
12.6. Right to Injunctive Relief: Nothing in this section shall be deemed as preventing either party from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of that party's data security, intellectual property rights, or other proprietary rights.

Miscellaneous

13.1. Entire Agreement: These Affiliate Terms, together with the Vidgenie.ai Terms of Service, constitute the entire agreement between you and Vidgenie.ai regarding the Program.
13.2. Severability: If any provision of these Affiliate Terms is found to be unenforceable, the remaining provisions will remain in full force and effect.
13.3. Waiver: Failure to enforce any right or provision of these Affiliate Terms shall not constitute a waiver of such right or provision.
13.4. Assignment: You may not assign your rights or obligations under these Affiliate Terms without our prior written consent.

Contact Information

If you have any questions about these Affiliate Terms or the Program, please contact us at support@vidgenie.ai.
By participating in the Vidgenie.ai Affiliate Program, you acknowledge that you have read, understood, and agree to be bound by these Affiliate Terms.