This agreement describes the terms and conditions for participation in the Vivacity Sportswear ® Inc. (hereinafter “Vivacity”) Brand Ambassador Program. The terms "Ambassador," "you," and "your" are referring to you, the applicant. "We" and "our" refer to Vivacity.
We are independent parties and this agreement will not form any partnership, employee-employer relationship, agent relationship, or joint venture.
This agreement will begin upon our acceptance of your Ambassador application and will end when terminated by either party.
Termination may happen at any time, with or without cause, by giving the other party written notice of termination.
By posting a new agreement or Change Notice on this site, we may modify any of the terms and conditions within this Agreement at any time and at our sole discretion. These modifications may include, but are not limited to changes in the scope of available referral fees, fee schedules, payment procedures, and Vivacity Ambassador 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 new agreement or Change Notice, it will be considered as your acceptance of the change.
You will receive 10% of the revenue as a commission from orders placed through your branded link, Facebook page, Twitter feed, Instagram, Blog, emails or other channels of communication.
For a sale to generate a commission to an affiliate, the customer must complete the online order and remit full payment for the product ordered.
Vivacity will pay commissions on a monthly basis, not more than fifteen (15) days after the end of each month, for net sales generated directly through Ambassador’s activities as described in this agreement. Any returned checks, chargebacks, or fees from a returned order will be adjusted in the following fee payment.
Vivacity will be solely responsible for processing every order placed by a customer through the banner ads, text links or buttons placed in your website, Facebook page, Twitter feed, Instagram, Blog, emails or other channels of communication.
Customers who purchase products directly through the Vivacity website, outside of these channels or without the use of an assigned affiliate Promotion Code, are deemed to be direct customers of Vivacity. Prices and availability of our products may vary from time to time. Vivacity 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.
Marketing and Website Restrictions
Vivacity will provide Ambassador with a company logo file, photos and other associated marketing material as required. Affiliate is at no time to create or use marketing materials other than those provided by Vivacity.
Vivacity reserves the right not to accept any site into the Ambassador Program based on-site content. Sites that Do Not Qualify for the Brand Ambassador Program include, but are not limited to sites that are:
- Promoting discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age
- Promoting illegal or questionable activities
- X- rated and promote sexually explicit materials
- Promoting violence and discord
- Violating intellectual property rights
Unsolicited Commercial E-mail (UCE) - Vivacity 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 the Ambassador Program without a refund.
We make no express or implied warranties or representations with respect to the Ambassador Program or your potential to earn income from the Ambassador Program. 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 downtime.
The laws of the United States and the State of California will govern this Agreement, without reference to rules governing choice of laws. Any action relating to this Agreement must be brought in the Federal or State courts located in San Diego, California 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.
By submitting the Ambassador Registration form, you acknowledge that you have read this Agreement and agree to all its terms and conditions. You have independently evaluated this program and are not relying on any representation, guarantee, or statement other than as set forth in this agreement.