Date of Last Revision: 12 March 2010
VIP Coffee Hut - AFFILIATE AGREEMENT
This agreement describes the terms and conditions for participation in all of VIP Coffee Hut's Affiliate Programs now in existence or any to be developed in the future. These Affiliate Programs include but are not limited to the VIP Mall Affiliate Program, Elite Affiliate Program, Free Members Affiliate Program. The terms "Affiliate," "you," and "your" refer to you, the affiliate applicant. The terms "VIP", "we" and "our" refer to any VIP Coffee Hut Affiliate Program.
This agreement incorporates and becomes part of our Terms Of Service, Privacy Statement, Business Plan and all other operating policies and procedures of VIP.
1.Enrollment into one or all of our affiliate programs
To begin the affiliate enrolment process, you must submit a complete Affiliate application via our website. You must be a Free Member of VIP to participate in any or all of our Affiliate Programs. You must be at least 18 years of age. We may reject your application if we determine, in our sole discretion, that your application is unsuitable for VIP.
2. Relationship of Parties
We are independent parties and as such you are an independent contractor. This agreement will not form any partnership, joint venture, agency, franchise, sales representative or employment relationship. You will not make any statement, whether on your website or otherwise, that would contradict anything in the Section. As an independent contractor you are solely responsible for any and all taxes due by you for income received as an Affiliate of VIP Coffee Hut.
3. Agreement Duration
This agreement will begin upon our acceptance of your affiliate application and will end when terminated by either party
NOTE: Once you have signed up for VIP's Elite Affiliate Program you must immediately join VIP Coffee Hut as a Free Member through the referral link that you were provided with. Failure to do this will result in you not being accepted into the Elite Program. All other Affiliate Programs are done through the VIP Coffee Hut site.
Upon the termination of this Agreement for any reason, you will immediately cease use of, and remove from your site, all links to our site and any other promotional materials that we provided to you as to an affiliate. You are eligible to earn referral fees only for Qualified Orders that occur during the term, and referral fees earned through the date of termination will remain payable only if the related orders are not cancelled or returned. We may withhold your final payment for a reasonable time to ensure that the correct amount is paid. Termination may happen at any time, with or without cause, by giving the other party written notice of termination either through the site or by email.
4. Modification
We may modify any of this Affiliate Agreement at any time and in our sole discretion, by posting a change notice or a new agreement on the VIP site. These modifications may include, but not limited to changes in the scope of available referral fees, fee schedules, payment procedures and Program rules. If any of the modifications are UNACCEPTABLE TO YOU, your only recourse is to terminate this Agreement. If you CONTINUE PARTICIPATION IN THE PROGRAM following the posting of a Change Notice or new agreement, it will be considered as your acceptance of the change.
5. Commission Fees
Elite Affiliate Program:
When your referral signs up as an Elite member, you will receive 50% ($11.50) of his/her first month payment calculated from $23.00.
Consequently each month after the first payment of your first level, you will receive 30% ($6.90) of his/her payment from the second month onwards and calculated from $23.00.
When your first level refers a person and he/she becomes an Elite Member, you will receive 25% ($5.75) out of his payment each month. (calculated from $23.00).
Mall Affiliate Program:
Every member of VIP Coffee Hut can register and become an affiliate of the VIP Mall. You will receive 25% per sale as a commission from orders placed through your VIP Mall affiliate link. Unlike most Affiliate programs, VIP Mall Affiliates may purchase items through their own link and receive the 25% commission. In other words, you may purchase from yourself through your own Mall Affiliate link.
Free Member Affiliate Program:
A no-cost Affiliate program for all members that sponsor a Pro member(s). You will receive a referral commission of 0.80 cents from your 1st level and 0.40 cents from your second level if and when your referred member(s) become VIP Pro Member(s). Please CLICK HERE for more details.
6. Explanation of Referral and Commission Fees:
For a sale to generate a commission to a Mall Affiliate, the customer must complete the order form, remit full payment for the service ordered and have their order completed. Affiliate commissions will only be paid on sales which are made through qualified Mall Affiliates links.
Orders refunded at the request of the purchaser, or orders charged-back due to credit card fraud do not qualify for a commission. Any charge-backs will be deducted from your next payment.
Referral fees and any commissions can only be earned between the acceptance of the Affiliate application and notice of termination. Referral fees and commissions will be paid on the 15th of each month by VIP Coffee Hut. The cut-off day for the commission/referral calculation will be the last day of every month. Any returned checks, charge backs, or fees from a returned order will be adjusted in the following fee payment. If no fee payment is due a billing invoice for the amount will be issued. Affiliates must have an active link on their website in order to qualify for commissions on sub-affiliate sales in any given month. Commissions and referral fees will be paid through Pay Pal.
7. Order Processing:
VIP Coffee Hut will be solely responsible for processing every order placed by a customer on the Affiliate and sub-affiliate sites. Customers who purchase products and services through VIP will be deemed to be customers of VIP Coffee Hut. Prices and availability of our products and services may vary from time to time. VIP policies will always determine the price paid by the customer. We reserve the right to reject any order that does not comply with our rules, operating procedures and policies.
8. Website Restrictions
VIP reserves the right not to accept any site into any of our Affiliate Programs based on site content. Sites that Do Not Qualify for any of our Affiliate Programs include, but not limited to, sites such as sites that are:
• X- rated and promote sexually explicit materials
• Promoting violence and discord.
• Promoting discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age
• Promoting illegal or questionable activities
• Violating intellectual property rights
• Please refer to VIP's Terms of Service for a complete listing of unacceptable sites and the penalty for not following these restrictions.
9. Spam (UCE)
Unsolicited Commercial E-mail: VIP in no way participates in mass unsolicited e-mailing (i.e. spamming), and all Affiliates are expected to adhere to this policy as well. Violation of this policy will result in the termination of this contract and immediate dismissal from all of VIP's Affiliate Programs, with no refund.
10. Disclaimer
We make no express or implied warranties or representations with respect to any of our Affiliate Programs or your potential to earn income from any of our Affiliate Programs. In addition, we make no representation that the operation of our site or the Affiliate Sites will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or down time.
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 referral fees paid or payable to you under this Agreement.
We make no express or implied warranties or representations with respect to any products sold through VIP (including, without limitation, warranties of fitness, merchantability, non-infringement, or any implied warranties arising out of a course of performance, dealing, or trade usage).
This Agreement will be governed by the laws of Canada without reference to rules governing choice of laws. Any action relating to this Agreement must be brought in the courts located in Victoria, BC Canada, and you irrevocably consent to the jurisdiction of such courts. You may not assign this Agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and enforceable against the parties and their respective successors and assigns. Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement.
11. 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.
I have read the terms of this agreement and I accept
Contacting Us:
If there are any questions regarding this "TOS" you may contact us using the information below.
http://www.vipcoffeehut.com
VIP Coffee Hut, LLC
109 Elroy Place
Victoria, BC V9B 3LB
Canada
Email: vipcoffeehutteam@gmail.com
VIP Coffee Hut Managment Team
``People may not remember exactly what you did or what you said, but they will always remember how you made them feel.``