Affiliate Agreement
Last updated Jan 27, 2023
This Affiliate Agreement (the "Agreement") contains the complete terms and conditions between Ameruverse.com (the "Company") and you, regarding your application to participate as an affiliate in the Company's Affiliate Program (the "Program"). As used in this Agreement, "we," "us," and "our" refer to the Company, and "you," "your," and "yours" refer to the applicant.
- Enrollment in the Program: In order to enroll in the Program, you must submit a complete and accurate Affiliate Program application. We will evaluate your application and will notify you of your acceptance or rejection. We may reject your application if we determine (in our sole discretion) that your site is unsuitable for the Program.
- Links: As a Program participant, you will be provided with unique links and banners (the "Links") that you can place on your site. You will earn a commission on any sales made to customers who have clicked on your Links.
- Commission: You will earn a recurring monthly commission on all qualifying sales made through your Links. The commission rate is 25% of the sale price of the product for every month a product subscription sold through your link remains active. Commissions will be paid on a monthly basis.
- 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 you or we may terminate this Agreement at any time, with or without cause, by giving the other party written notice of termination.
- Modification: We may modify any of the terms and conditions contained in this Agreement, at any time and in our sole discretion, by posting a change notice or a new agreement on our site. Modifications may include, for example, changes in the commission rate, payment procedures, and Affiliate Program rules.
- Relationship of Parties: You and we 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 our behalf. You will not make any statement, whether on your site or otherwise, that reasonably would contradict anything in this Section.
- Limitation of Liability: We will not be liable for indirect, special, or consequential damages (or any loss of revenue, profits, or data) arising in connection with this Agreement or the Program, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this Agreement and the Program will not exceed the total commissions paid or payable to you under this Agreement.
- Disclaimer of Warranties: We make no express or implied warranties or representations with respect to the Program or any products sold through the Program (including, without limitation, warranties of fitness, merchantability, non-infringement, or any implied warranties arising out of a course of performance, dealing, or trade usage). In addition, we make no representation that the operation of our site will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors.
- Independent Investigation: You acknowledge that you have read this Agreement and agree to all its terms and conditions. You understand that we 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. This agreement constitutes the entire agreement between the parties regarding the Program and supersedes all prior or contemporaneous communications and proposals, whether oral or written, between the parties.
- Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the Canada. Any disputes arising under or in connection with this Agreement shall be subject to the exclusive jurisdiction of the courts located in Ontario, Canada.
- Severability: If any provision of this Agreement is deemed invalid or unenforceable, the remaining provisions shall remain in full force and effect.
- Waiver: The failure of either party to enforce any rights granted hereunder or to take action against the other party in the event of any breach hereunder shall not be deemed a waiver by that party as to subsequent enforcement of rights or subsequent actions in the event of future breaches.
- Affiliate Representations: You represent and warrant that you have the authority to enter into this Agreement and that you will comply with all terms and conditions of this Agreement. You also represent and warrant that your site will not promote sexually explicit materials, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
- Contact: If you have any questions about this Agreement or the Program, please contact us at info@ameruverse.com
By participating in the Program, you indicate your acceptance of this Agreement and its terms and conditions.