These terms and conditions (“Agreement”) govern your participation in the affiliate marketing program (“Program”) offered by Evanzy (“Company”), and constitute a legally binding agreement between you (“Affiliate”) and Evanzy. By participating in the Program, you agree to comply with these terms and conditions.
1. Enrollment in the Program
- a. To participate in the Program, Affiliates must submit an application through the Company’s website and provide accurate and complete information.
- b. Evanzy reserves the right to accept or reject any application at its sole discretion, with or without reason.
2. Affiliate’s Responsibilities
- a. Promotion: Affiliates agree to promote Evanzy’s products or services using unique affiliate links provided by Evanzy.
- b. Website/Channel Maintenance: The Affiliate is solely responsible for the development, operation, and maintenance of their website or other promotional channels, including all content that appears therein.
- c. Compliance with Laws: Affiliates must comply with all applicable laws and regulations when promoting Evanzy’s products or services, including but not limited to any required disclosures regarding the affiliate relationship.
- d. Reputation Protection: Affiliates shall not engage in any activities that may harm Evanzy’s reputation, brand, or violate any third-party rights.
3. Commissions and Payments
- a. Commission Eligibility: Evanzy will pay Affiliates a commission for each qualifying sale generated through their unique affiliate link.
- b. Commission Rate and Terms: The commission rate and payment terms will be specified by Evanzy and may be subject to change with prior notice. Any changes will take effect for future sales only.
- c. Tracking Sales: Commissions will only be paid for sales that are tracked and reported by Evanzy’s affiliate tracking system. Evanzy is not responsible for tracking errors or failures beyond its control.
- d. Payment Information: Affiliates are responsible for providing accurate payment and contact information for receiving commissions.
- e. Fraudulent Activity: Evanzy reserves the right to withhold or cancel commissions if fraudulent or unauthorized activity is suspected, including false referrals or other violations of this Agreement.
4. Intellectual Property
- a. License Grant: Evanzy grants the Affiliate a non-exclusive, non-transferable, revocable license to use Evanzy’s trademarks, logos, and promotional materials solely for the purpose of promoting the Company’s products or services under this Agreement.
- b. Intellectual Property Restrictions: Affiliates shall not modify, reproduce, or distribute Evanzy’s intellectual property without prior written consent from Evanzy. All rights not expressly granted in this Agreement are reserved by Evanzy.
5. Termination
- a. Termination by Either Party: Either party may terminate this Agreement at any time, for any reason, by providing written notice to the other party.
- b. Post-Termination Responsibilities: Upon termination, Affiliates must immediately cease using Evanzy’s trademarks, logos, and promotional materials.
- c. Accrued Liabilities: Termination will not relieve either party of obligations or liabilities that have accrued before the termination date, including payment of any earned but unpaid commissions.
6. Limitation of Liability
- a. No Liability for Indirect Damages: Evanzy will not be liable for any indirect, incidental, consequential, or punitive damages arising from or in connection with this Agreement or the Affiliate’s participation in the Program.
- b. Indemnification: Affiliate agrees to indemnify and hold Evanzy harmless from any claims, damages, or expenses (including legal fees) arising from the Affiliate’s participation in the Program, violation of this Agreement, or infringement of third-party rights.
7. Modifications
- a. Right to Modify: Evanzy reserves the right to modify, suspend, or discontinue the Program or these terms and conditions at any time.
- b. Notice of Changes: Affiliates will be notified of any material changes to this Agreement, and continued participation in the Program after such changes will constitute acceptance of the modified terms.
8. Miscellaneous
- a. Entire Agreement: This Agreement represents the entire agreement between the parties concerning the Program and supersedes any prior agreements or understandings.
- b. Governing Law: This Agreement shall be governed by and construed in accordance with the laws of [Insert Jurisdiction]. Any disputes arising from or in connection with this Agreement shall be subject to the exclusive jurisdiction of the courts of [Insert Jurisdiction].
- c. Severability: If any provision of this Agreement is found to be unenforceable or invalid under any applicable law, such provision will be changed and interpreted to accomplish the objectives of the provision to the greatest extent possible under the law, and the remaining provisions will continue in full force and effect.
By participating in the Program, the Affiliate acknowledges that they have read, understood, and agreed to abide by these terms and conditions.