Affiliate Marketing Agreement
This Affiliate Marketing Agreement (the "Agreement") is entered into by and between Comma Vintage, a vintage clothing service (“Company”), and the Affiliate ("Affiliate"), collectively referred to as the "Parties."
1. Purpose
The Company and the Affiliate agree to the terms outlined in this Agreement for the purpose of promoting and selling the Company’s products through the Affiliate's marketing efforts in exchange for commission payments.
2. Commission and Payment
a. Commission Rate: The Affiliate will earn a commission of 20% per order of the total purchase price, excluding taxes, shipping, and other fees.
b. Preferred Payment Method: The Affiliate may choose their preferred method of payment from the following options: PayPal, Online Store Credit, Check, or Venmo.
c. Payment Deductions: Payment for commissions will be deducted from the Affiliate's unpaid earnings, with any applicable fees charged by the payment processor (such as PayPal or Venmo) being the responsibility of the Affiliate.
d. Payout Threshold: The Affiliate must reach a minimum balance of $50 in unpaid earnings before a payout can be processed.
e. Payment Schedule: Payments will be processed monthly or as otherwise agreed upon by the Parties.
3. Returns, Refunds, and Cancellations
a. Returns and Refunds: The Affiliate will not receive commission on any orders that are returned or refunded in full by the customer.
b. Cancellations: In the event that an order is canceled before shipment, the Affiliate will not receive a commission for that sale.
c. Adjustments: If a commission has been paid on a canceled or refunded order, the Company reserves the right to deduct the corresponding amount from future commissions or unpaid earnings.
4. Affiliate Responsibilities
The Affiliate agrees to:
a. Promote the Company’s products in a professional and ethical manner.
b. Ensure that all promotional activities comply with all applicable laws and regulations.
c. Use only the links, banners, or materials provided by the Company for marketing purposes.
d. Not engage in any misleading or deceptive marketing practices.
5. Termination
Either Party may terminate this Agreement at any time by providing written notice. In the event of termination, the Affiliate will be entitled to commissions on sales made prior to the date of termination, provided they meet the payout requirements.
6. Independent Contractor
The Affiliate is an independent contractor and not an employee of the Company. The Affiliate is responsible for their own taxes and any expenses incurred in connection with their marketing efforts.
7. Confidentiality
Both Parties agree to keep confidential any proprietary or sensitive information exchanged as part of this Agreement.
8. Indemnification
The Affiliate agrees to indemnify and hold the Company harmless from any claims, losses, damages, or liabilities arising out of the Affiliate's actions or negligence in the performance of this Agreement.
9. Governing Law
This Agreement shall be governed by and construed in accordance with the laws of Connecticut, USA.
10. Entire Agreement
This Agreement constitutes the entire understanding between the Parties with respect to the subject matter herein and supersedes all prior discussions or agreements, whether written or oral, relating to the same subject matter.
By continuing, both Parties agree to the terms and conditions set forth in this Agreement.
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