|Conversion action||Online purchase with processed valid payment|
|Cookie days||30 day(s)|
|Commission type||Percent of Sale|
We would love to welcome you to be a part of our Affiliate Marketing Program and help us promote our ZShield line. By wearing one of our ZShields, you are helping to shield yourself and those around you, your neighbors, customers, nurses and doctors, grocery store clerks, teachers, hairstylists, restaurant servers and so many others. We are offering 10% commission to all those who sign up. We invite you to join us and Be the Shield!
ZVerse Affiliate Program
Terms and Conditions
These Terms and Conditions (this “Agreement”) set forth a binding agreement between ZVerse, Inc. with offices at 1901 Dixiana Road, West Columbia, SC 29172 (“ZVerse”, “we” or “us”) and you (“Affiliate”, “you” or “your”), and govern your participation in the ZVerse Affiliate Program (the “Program”) more fully described at the ZVerse website located at https://zshield.refersion.com (the “ZVerse Website”). We reserve the right to terminate the Program or cancel or terminate your participation in the Program at any time and for any or no reason.
BY CLICKING THE “I ACCEPT” BUTTON OR SUBMITTING YOUR APPLICATION, YOU AGREE TO BE BOUND BY THIS AGREEMENT.
IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, PLEASE DO NOT CLICK ON THE “I ACCEPT” BUTTON AND DO NOT SUBMIT AN APPLICATION.
YOU REPRESENT AND WARRANT THAT YOU ARE AT LEAST 18 YEARS OLD AND HAVE THE LEGAL CAPCITY TO ENTER INTO THIS AGREEMENT.
PROGRAM REGISTRATION. To register for the Program, you must complete and submit to us the ZVerse Affiliate Program Application Form (the “Application”). The Application can be found, completed and submitted at https://zshield.refersion.com. WE RESERVE THE RIGHT TO REJECT OR APPROVE ANY APPLICATION IN OUR SOLE DISCRETION. You will have no legal recourse against us for the rejection of your Application.
Without limiting the right to reject any Application for any reason, the Application will be rejected if it is incomplete, if the Affiliate Website contains images or content that are not acceptable to us or are inconsistent with the image that we wish to create in association with the Program, or if the Affiliate Website contains any illegal, immoral, repulsive, defamatory, derogatory, harassing, harmful, threatening, obscene, vulgar, pornographic, racial or ethnic objectionable materials, depicts sexual situations, promotes discrimination on the basis of race, sex, sexual preference, national origin, ethnicity, nationality, disability, religious preference, or if the Affiliate Website contains any material that appears to us to violate any patent, trademark, copyright, trade secret, confidential information, or other property rights of any other party.
Even if we accept your Application to become a Program member, we reserve the absolute right to rescind or terminate your member status and participation in the Program for any or no reason in our sole and absolute discretion.
NO REPRESENTATIONS REGARDING INCOME POTENTIAL. We make no representations or warranties regarding potential income that may result from participation in the Program and specifically disclaim any and all warranties relative to earning potential from your status as an affiliate.
NON-EXCLUSIVITY. This Agreement does not create an exclusive relationship or any type of franchise or business opportunity between us and you under applicable law. You are free to work with similar affiliate program providers in any category. This Agreement imposes no restrictions on our ability to work with any individual, entity, or company we may choose.
FINANCIAL REPONSIBILITIES. You are solely and fully responsible for all costs and expenses you incur in your participation in the Program, including but not limited to, all cost of maintaining and marketing the Program, all costs associated with the creation, hosting, modification, and improvement of and to the Affiliate Website, costs of search engine placement and other internet marketing, costs of inserting the ZVerse Website links into the Affiliate Website, offline marketing costs, postage costs, and all other costs and expenses, and you hereby hold us harmless from or against all such costs and expenses.
RESPONSIBILITY TO LINK TO ZVERSE WEBSITE.
As a participant in the Program, you agree to place a link on the Affiliate Website directing visitors to the ZVerse Website. You also agree to use the button links, text links, and banner advertisements (“ZVerse Content”) we provide in prominent places on the Affiliate Website to direct visitors to the ZVerse Website via hypertext link. You are hereby granted a non-exclusive, revocable, limited term license, during the term of your participation in the Program, to utilize the ZVerse Content images as provided by us on the Affiliate Website.
You may only use the ZVerse Content we provide you on the Affiliate Website listed in the Application and you will not modify any such ZVerse Content. You will obtain our final approval before any use of the ZVerse Content and you will cooperate with us in the establishment and placement of links on the Affiliate Website.
If you discontinue your participation in the Program or if your participation in the Program is terminated for any reason, you will immediately cease using all ZVerse Content and will delete all such materials from the Affiliate Website and from your computer, systems and records.
You may not place links to the ZVerse Website or website content in newsgroups, message boards, unsolicited email and other types of spam, banner networks, counters, chat rooms, guest books, IRC channels or through similar internet resources, without our prior written consent in each instance.
Operation of Affiliate Website and Compliance with Laws. You are solely responsible for the operation and maintenance of the Affiliate Website, including technical operation, written claims, links, and accuracy of all materials. You agree to comply with all applicable laws, statutes, regulations and guidelines set by federal, state and local governments, courts and authorities having jurisdiction over you (including, but not limited to, the Federal Trade Commission and Federal Communications Commission).
The Federal Trade Commission requires that affiliate relationships, such as the relationship between you and ZVerse, be disclosed to consumers. You are required to post a conspicuous notice on the Affiliate Website regarding the Program. The notice does not have to contain the precise words as the example given below, but should be similar:
“We engage in affiliate marketing whereby we receive funds through clicks to our affiliate program through this website or we receive funds through the sale of goods or services on or through this website. We may also accept advertising and sponsorships from commercial businesses or receive other forms of advertising compensation. This disclosure is intended to comply with the US Federal Trade Commission Rules on marketing and advertising, as well as any other legal requirements which may apply.”
Anti-Spam Policy. ZVerse strictly forbids the use of unsolicited commercial email (UCE) or SPAM campaigns. We maintain a zero-tolerance policy against SPAM, be it direct, third party, or any similar agent acting or having the appearance of acting on your behalf. As such, we reserve the right to terminate any Affiliate who violates this policy without notice or compensation. If you are found to be involved in a SPAM/UCE campaign, including, but not limited to, flooding newgroups, distributing messages to recipients that do not want the information or any other abuse contravening UCE legislation, we may immediately terminate your participation in the Program and charge you an administrative fee of $500.00, which will be in addition to any other rights and remedies we may have.
Data Privacy Laws. You shall comply with any and all applicable data privacy and security laws and regulations, including all of those which may impact your country, state, province, territory, or region of residence or your visitors. Such regulations include, but are not limited to, any applicable laws in the United States or the General Data Protection Regulation of the European Union. You must implement adequate organizational and technical measures to ensure an appropriate level of security for the data processed by you. Additionally, you must agree to comply with any requests which we may make regarding compliance with the General Data Protection Regulation or other applicable law or requests you may receive from data subjects.
Monitoring of Your Account. We may monitor your account, as well as clicks and/or purchases coming through your account. If we determine non-compliance with any of the terms of this Agreement, we reserve the right to immediately terminate your participation in the Program without notice or compensation.
LIMITATIONS AND RESTRICTIONS. During your participation in the Program you agree not to do any of the following:
modify, adapt, translate or otherwise create derivative works or improvements of the Program, ZVerse Website or ZVerse Content or any portion thereof;
rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer or otherwise make available the ZVerse Content except as expressly provided herein;
reverse engineer, disassemble, decompile, decode, adapt or otherwise attempt to derive, gain access to or discover the source code of the ZVerse Website or any ZVerse systems, networks, products, or software;
input, upload, transmit or otherwise provide to or through the Affiliate Website, the Program, or ZVerse Website any information or materials that are unlawful or injurious, or contain, transmit or activate any viruses or other harmful code;
bypass, breach or disable any security device, copy control or digital rights management tool, or other protection used by the ZVerse Website;
attempt to gain unauthorized access to, damage, destroy, disrupt, disable, impair, interfere with or otherwise impede or harm in any manner the ZVerse Website, the server on which the ZVerse Website or any materials are stored, any server, computer or database connected to the Program, or our ability to provide services to any third party;
access or participate in the Program in any way that infringes, misappropriates or otherwise violates any intellectual property right, privacy right, or other right of any third party, or that violates any applicable law or regulation; or
access or use the ZVerse Website, ZVerse Content or Program for purposes of developing, producing, marketing, distributing, licensing or selling any product or service that may compete with the ZVerse Website, ZVerse Content or Program, or disclosing to our competitors, for any purpose, otherwise non-public information about us.
ZVERSE OBLIGATIONS. We will handle all customer inquiries, product orders, customer billing and collection, and product shipment for all customers accessing the ZVerse Website through the link(s) on the Affiliate Website. Pricing of ZVerse’s products and services are totally within our sole discretion and we reserve the right to change the pricing structure, terminate any special discounts, discontinue products or services, or change the terms under with products or services are offered at any time, without any advanced notice to you or users accessing the ZVerse Website. We cannot guarantee product availability or the term of any price or special promotion or offer. Our only responsibility to you is to track customer orders that occur through links from the Affiliate Website and make reports to you on any payments resulting therefrom. We have no obligation to provide you with any specific information relative to any customer, regardless of whether they access the ZVerse Website through a link from the Affiliate Website. We are not responsible for the failure to assign any sale or commission to you resulting from the improper formatting of the link on the Affiliate Website. You should ensure at all times that the link is appropriately formatted and report any issues to us immediately.
COMPENSATION. Subject to your compliance with this Agreement, we will pay you compensation for your participation in the Program as follows:
A commission fee of 10% will be paid to you for sales of products made to users who access the ZVerse Website through the Affiliate Website. Commissions will be calculated based upon the gross sales prices less any sales, discounts, or coupons, but not including any shipping and handling, sales tax, currency conversion cost, or any other payment made to ZVerse that is not the purchase price for the product. Without limiting the foregoing, commissions will not be paid on amounts that are attributable to credit card fraud, credits given to customers, bad debts, or returned or refunded goods. We reserve the right to deduct in subsequent months for any commission that has been paid for a product that is subsequently returned or refunded, or for any other reason if the previous monthly commission was overpaid or later subject to reduction.
The percentage of commission to be paid is subject to change as provided in this Agreement.
Commissions will only be paid on sales that are tracked through our online tracking system and indicate the Affiliate Website as the source of the sale. You have no right to commissions on sales if the user later returns to the ZVerse Website and makes a purchase through another link or source other than the Affiliate Website. You have no right to commissions based on subsequent sales, even if the customer first arrived at the ZVerse Website through the link from the Affiliate Website. Commissions will only be tracked and paid when the user makes a purchase on the same visit that the user visits the ZVerse Website from the link on the Affiliate Website.
Commissions will not be paid on sales referred by or purchased by another affiliate in the Program. You have no right to commissions on sales made prior to becoming an approved affiliate. You have no right to commissions on sales which may have been induced by you through any customer coupons or discounts.
Commissions will be paid upon receipt of payment in full by the customer. Only purchases that are placed directly through our online ordering process will count towards commission calculations under this Agreement. No commissions will be paid on telephone sales or sales resulting from a request for a quote through the ZVerse Specialty Order Shopify store.
Payouts of commissions will only be available after acknowledged receipt by ZVerse of a properly completed Form W-9. Commission will be paid on a monthly basis on or before the 20th day of the subsequent month for amounts received by us during the previous month. We do not guarantee an exact date of calculation of commissions or payments. All payments will be made via PayPal to the account provided by you. No payments will be made for amounts due if such amount is less than $25.00. All such amounts will be carried over to the subsequent month and will be paid once the amount of commissions due exceeds the minimum amount. We reserve the right to amend the minimum commission payment amount at any time as provided in this Agreement.
For any disputes as to payout, you must notify us within ten (10) days of your receipt of the payout. Each dispute notification as well as the underlying payout transaction to which it is related will be reviewed by us. Disputes filed after ten (10) days following payout will not be reviewed.
CUSTOMER INFORMATION. All parties who make purchases through the ZVerse Website, regardless of whether they may have reached the site through the link on the Affiliate Website, are deemed to be customers of ZVerse and not customers of the Affiliate with regard to ZVerse’s products and services. We retain the right to contact these customers and send future marketing offers to them. You have no right to commissions on subsequent purchases that may be made by these customers, except for subsequent purchases that may be traced at the time of purchase through a link from the Affiliate Website. Additionally, all such customers and purchases will be subject to the Company policies, procedures, rules and regulations, and you have no right or authority to amend or offer any different offers relative to the purchase of products from the ZVerse Website. We reserve the right to amend any of our terms, conditions, policies, procedures, pricing, payment policies, collection policies, and all other items relative to our business and sale of products at any time in our sole discretion.
INTELLECTUAL PROPERTY RIGHTS.
Affiliate Likeness and Content. You grant to ZVerse and our marketing affiliates a limited, non-exclusive, royalty free, right and license to feature your name and likeness and any trademarks, trade names, service marks, business names, web page titles, slogans, logos, and copyrighted materials designated by you (“Affiliate Content”) for the purposes of promoting, advertising, announcing, or marketing your participation in the Program and promoting our products and services. Affiliate Content includes all content generated by your participation in the Program (including influencer’s name and likeness) on our and our marketing affiliates’ owned and controlled social media platforms and within third party digital and broadcast platforms and print platforms including but are not limited to: ad networks, email marketing, paid search listings, television, radio, newspapers, magazines and brochures, Facebook, Instagram, Twitter, Tumblr, YouTube, Pinterest, Vine, Google+ and website blogs during the term of this Agreement and for a period of twelve (12) months thereafter. You represent and warrant that such Affiliate Content does not infringe upon or otherwise interfere with or misappropriate the rights of any other person and you have the right to grant us the right to use such Affiliate Content without restriction. We have no obligation to announce, advertise, market, or promote your participation in the Program or any Affiliate Content, but we reserve the right to do so in our sole discretion.
ZVerse Materials. Subject to your strict compliance with this Agreement, we grant you a non-exclusive, limited term license to use the trademarks, logos, and copyrighted material that we designate and provide you (“ZVerse Content”) for use solely on the Affiliate Website designated in the Application. You may only use the images that we specifically make available to you as approved images. You may not distribute, reproduce, modify, or amend the images in any way. You may use the images solely for the purpose of promoting the ZVerse Website and products on the Affiliate Website in compliance with the Program policies and procedures and the terms of this Agreement. You will only use such items in the form, size, content, and appearance that were provided by us. No modifications are permitted without the direct, specific, express, written permission of ZVerse. You agree to display these items prominently on the Affiliate Website. This license shall terminate immediately upon the termination of the Program or your participation in the Program. We may also terminate this license upon notice in the event your use of these items is contrary to or does not conform with our standards, as determined in our sole and absolute discretion. You agree that we retain all rights, title, and interest in and to all such materials and all goodwill and other value associated with any of these materials. You will not gain any trademark, copyright or other proprietary rights to such materials. You agree not to take any action that is contrary to or inconsistent with our rights to these materials. You will not intentionally, unintentionally, or negligently use these materials in any way that is damaging, defamatory, disparaging, derogatory, or negative to us or that presents us in a false, harmful, or negative fashion. We may revoke the limited license granted hereunder at any time upon notice. Upon termination or revocation, you will immediately cease from any use of the material.
TERM AND TERMINATION. This Agreement shall become effective upon valid acceptance of the Application by ZVerse. This Agreement shall remain in full force and effect until terminated by either party. The Agreement may be terminated at any time, with or without cause, by providing 15 days’ advance written notice sent to addresses as noted on the Application. You shall forfeit all right to receive past commissions that may have accrued if the Agreement is terminated as a result of your failure to comply with the terms of the Agreement. If this Agreement is terminated for any other reason, we have the right to withhold the payment of commissions for up to sixty (60) days following termination to assure the amount owed is not subject to adjustment for returns or any other reason.
CONFIDENTIALITY. In the event that any information is disclosed to either party through the participation in the Agreement which is deemed to be confidential and proprietary, the parties agree to hold such information in the strictest of confidence and not to disclose such information to any other party or to use any such information for their own purpose. Confidential information will include any information regarding changes or modifications to this Agreement or Program or special treatment you may receive. Confidential information shall also include, but not be limited to, any and all information related to the Parties’ business, business plans, marketing plans, user statistics, financial information, pricing, profits, membership information, affiliations, sales information, and all other information with may be considered confidential and proprietary.
LIMITATION OF LIABILITY.
Disclaimer of Warranties. WE DISCLAIM ANY AND ALL WARRANTIES AND LIABILITY RELATED TO ANY DOWNTIME OR FAILURE FOR USERS TO BE ABLE TO ACCESS THE ZVERSE WEBSITE OR TO BE ABLE TO ACCESS THE ZVERSE WEBSITE USING THE LINK FROM THE AFFILIATE WEBSITE. FURTHERMORE, WE SHALL NOT BE RESPONSIBLE FOR AND HEREBY DISCLAIM ANY AND ALL WARRANTIES RELATED TO THE ZVERSE WEBSITE, THE PROGRAM, YOUR PARTICIPATION IN THE PROGRAM, YOUR ABILITY TO MAKE ANY COMMISSIONS OR OTHERWISE PROFIT THROUGH PARTICIPATION IN THE PROGRAM, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF FITNESS FOR ANY PARTICULAR PURPOSE OR MERCHANTIBILITY, NON-INFRINGEMENT, OR ANY CLAIM MADE BASED UPON ANY COURSE OF DEALING OR USE OF TRADE. WE DO NOT REPRESENT OR WARRANT THAT THE ZVERSE WEBSITE OR ANY APPLICATION, INCLUDING BUT NOT LIMITED TO ITS LINK TRACKING FEATURES, WILL BE ERROR FREE OR THAT THEY FUNCTION WITHOUT INTERRUPTION.
Exclusion of Damages. IN NO EVENT WILL WE OR ANY OF OUR LICENSORS, SERVICE PROVIDERS OR SUPPLIERS BE LIABLE UNDER OR IN CONNECTION WITH THIS AGREEMENT OR ITS SUBJECT MATTER UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY AND OTHERWISE, FOR ANY: (i) LOSS OF PRODUCTION, USE, BUSINESS, REVENUE OR PROFIT; (ii) IMPAIRMENT, INABILITY TO USE OR LOSS, INTERRUPTION OR DELAY; OR (iii) CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, ENHANCED OR PUNITIVE DAMAGES, IN EACH CASE REGARDLESS OF WHETHER SUCH PERSONS WERE ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.
Cap on Monetary Liability. IN NO EVENT WILL OUR AGGREGATE LIABILITY OR THE AGGREGATE LIABILITY OF OUR LICENSORS, SERVICE PROVIDERS OR SUPPLIERS UNDER OR IN CONNECTION WITH THIS AGREEMENT OR ITS SUBJECT MATTER, UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY AND OTHERWISE, EXCEED THE AGGREGATE AMOUNT OF FEES PAYABLE TO YOU DURING THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING THE CLAIM. THE FOREGOING LIMITATION APPLIES NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.
INDEMNIFICATION. You will defend, indemnify and hold us, and all of our stockholders, officers, directors, employees, contractors, affiliates, agents, successors and assigns harmless from and against any and all claims, liabilities, damages, actions, causes of action, suits, threats, demands, settlements, including all costs and attorney fees related thereto, that we or they may incur and which are based in whole or in part upon the your participation in the Program, any claims that any Affiliate Content infringe upon the rights of any other party, your breach of any term, covenant, condition, representation or warranty contained in this Agreement or any policies of participation in the Program, or any claim related directly or indirectly to the your use, operation or the content of the Affiliate Website or participation in the Program.
RELATIONSHIP OF THE PARTIES. The parties to this Agreement are independent contractors and nothing contained herein shall be interpreted as creating any relationship other than that of independent contracting parties. Regardless of communication or language used outside of this Agreement the parties shall not be construed as being partners, joint venturers, shareholders, employer/employee, or agents. You have no power or authority to bind us to any obligation, agreement, debt, or liability. You shall not hold yourself out as an agent or representative of ZVerse.
ENTIRE AGREEMENT. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof, and supersedes any prior statement or writing not a part of this Agreement, and neither party shall be bound by any prior or contemporaneous representation, statement, promise, warranty, covenant or agreement pertaining to the subject matter of this Agreement. If any section, subsection, paragraph, sentence, clause, phrase, or word of this Agreement is held to be invalid for any reason, it shall not affect the enforceability of the remainder of this Agreement or any other term or condition of this Agreement.
LANGUAGE: All communications made or notices given pursuant to this Agreement shall be in the English language the English language and all payments shall be in U.S. Dollars.
JURISDICTION, VENUE & CHOICE OF LAW: Through participation in the Program, you agree that South Carolina shall govern any matter or dispute relating to or arising out of this Agreement, as well as any dispute of any kind that may arise between the parties, with the exception of its conflict of law provisions.
ARBITRATION: In case of a dispute between the parties relating to or arising out of this Agreement, the parties shall first attempt to resolve the dispute personally and in good faith. If these personal resolution attempts fail, the parties shall then submit the dispute to binding arbitration. The arbitration shall be conducted by a single arbitrator in Columbia, SC, and such arbitrator shall have no authority to add parties, vary the provisions of this Agreement, award punitive damages, or certify a class. The arbitrator shall be bound by applicable and governing Federal law as well as the law of South Carolina. Each party shall pay their own costs and fees. Claims necessitating arbitration under this section include, but are not limited to, contract claims, tort claims, claims based on Federal and state law, and claims based on local laws, ordinances, statutes or regulations. Intellectual property claims by ZVerse will not be subject to arbitration and may, as an exception to this subpart, be litigated. The parties, in agreement with this subpart of this Agreement, waive any rights they may have to a jury trial in regard to arbitral claims.
ASSIGNMENT: This Agreement, or the rights granted hereunder, may not be assigned, sold, leased or otherwise transferred in whole or part by you. Should this Agreement, or the rights granted hereunder, by assigned, sold, leased or otherwise transferred by ZVerse, the rights and liabilities of ZVerse will bind and inure to any assignees, administrators, successors, and executors.
SEVERABILITY: If any section, subsection, paragraph, sentence, clause, phrase, or word of this Agreement is held invalid or unenforceable by a court of law or competent arbitrator, the remaining parts and subparts will be enforced to the maximum extent possible. In such condition, the remainder of this Agreement shall continue in full force.
NO WAIVER: In the event that we fail to enforce any provision of this Agreement, this shall not constitute a waiver of any future enforcement of that provision or of any other provision. Waiver of any part or subpart of this Agreement will not constitute a waiver of any other part or subpart.
HEADINGS FOR CONVENIENCE ONLY: Headings of parts and subparts under this Agreement are for convenience and organization, only. Headings shall not affect the meaning of any provisions of this Agreement.
FORCE MAJEURE: We shall not be liable for any failure to perform due to causes beyond our reasonable control including, but not limited to, acts of God, acts of civil authorities, acts of military authorities, riots, embargoes, acts of nature and natural disasters, and other acts which may be due to unforeseen circumstances.
ELECTRONIC COMMUNICATIONS PERMITTED: Electronic communications are permitted to both parties under this Agreement, including email or fax. For any questions or concerns, please email the Company at the following address: [email protected]