This affiliate terms of agreement is binding between Violet Simon Fashion a subsidiary of Violet Simon Limited (all brands, products, services and other companies) and You as an affiliate utilizing the Violet Simon’s service.
Where we refer to “Violet Simon Fashion, Violet Simon, “we”, “the company”, “us” and “our” we mean Violet Simon Limited, its group companies and assigns and each of our and their respective officers, directors, members, employees, sub-contractors, agents, and representatives.
Where we refer to “you”, “your” and the Affiliate this means or relates to you as an authorized affiliate user of Violet Simon’s service(s).
“Violet Simon” and “the affiliates or applicants” are hereinafter jointly referred to as “Parties” and individually as “Party.
By submitting the Affiliate form attached at the end of this agreement, you are consenting and agreeing to all the terms of this agreement. If you do not agree with this agreement please do not submit the affiliate program form.
All forms submitted are subject to a decision made by Violet Simon. Hence, submission of the affiliate program form is not a guarantee or approval to join the Violet Simon Fashion’s affiliate programme. Violet Simon can reject or accept affiliate applications. Successful affiliate’s will be notified via the email provided.
The purpose of this agreement is to permit the affiliate to refer consumers to Violet Simon Fashion and earn commission based on sales from such referrals. The affiliate does not have rights over buyers it refers to Violet Simon and shall not be part of any decision-making process on Violet Simon, its brands companies, employers, clients and other activities regarding the company.
All subsidiary brands, companies and projects of the company are exclusively owned and managed by Violet Simon. The company has and retains all intellectual and proprietary rights to such subsidiary brands and projects. The company has veto power and the affiliate’s only service is as stated above. Affiliates who act outside the scope of their service shall be given a written or verbal warning, after which, their services shall be terminated if such acts persist.
AFFILIATE TERMS OF SERVICE
The affiliate shall refer consumers to the company with the links provided by the company for the sole purpose of allowing clients purchase items on Violet Simon Fashion. The affiliate shall be entitled to a commission ONLY if and when products are sold on Violet Simon Fashion.
AFFILIATE’S REFERRAL PROCESS
To refer a buyer, the affiliate shall use the links and banners the Company shall provide to the affiliate and market them on their website(s), social media and other platforms for the sole aim of redirecting buyers via the link Violet Simon shall provide the affiliate to Violet Simon Fashion’s website where sales will be made.
- The company is entitled to exclusively use its brands, companies, platforms and projects as it pleases and owns all rights of use.
- Affiliate will be paid a commission of 10% per product sold on Violet Simon’s website only via links and banners that Violet Simon provides the Affiliate.
- The affiliate does not possess any intellectual or proprietary rights of the company, its platforms, brands, employers and other companies nor shall the affiliate be entitled to decision-making with the company’s brands, platforms, employers and other companies.
- Should the affiliate decide to withdraw from using Violet Simon or if this agreement is terminated, the company shall not discontinue its operations and shall continue to build its brands, company and future plans of Violet Simon Limited. Such termination or withdrawal shall in no way affect the normal day to day operations of the company. The affiliate shall not be entitled to any further commissions from the point of termination or withdrawal or possess any right whatsoever over the brands referred to the company by the affiliate.
- Should the affiliate decide not to be part of Violet Simon after reading this agreement, the affiliate shall not share this agreement or disclose any part thereof to any third party and the company shall continue with its activities.
- The company shall have the right to expand, manage and change its structure, agreement and plans as it deems fit without giving any prior notice to the affiliate.
- The company’s decision to remove or reject an applicant or marketing effort of the affiliate is not subject to an explanation to the affiliate
- Violet Simon and other subsidiary platforms, brands, features, products, services and the company in its entirety belongs exclusively to the company and this Agreement does not vest any form of ownership or right on the affiliate.
- All decisions taken and changes the company deems fit shall be executed and planned solely by the company without notice to the affiliate.
- Commissions paid to the affiliate are solely for the sale of products on Violet Simon’s website from buyers referred by the affiliate via the provisions of Violet Simon (Links, banners and other tools).
- The affiliate shall not get involved in decisions the company makes with its brand, projects and platform and with brands affiliated with the company.
- The company reserves the right to terminate the agreement with the affiliate with or without cause.
- Termination of the agreement with the affiliate shall not in any way affect the company, its operations and the service it provides with its brand and platform.
- The Affiliate will be paid its commission of 10% on a monthly basis.
- Affiliate will be paid commissions earned via PayPal on the last working day of every month. The commission cutoff date is on the 26th day of every month.
- Affiliate will not issue any press release or make any other public communication with respect to this Agreement, the use of Content, or participation in the Program. The affiliate will not misrepresent or embellish the relationship between the parties (including by expressing or implying that we support, sponsor, endorse, or contribute to any charity or other cause), or express or imply any relationship or affiliation between the parties or any other person or entity except as expressly permitted by this Affiliate Agreement.
- The affiliate’s participation in the program requires the affiliate to comply with all applicable laws, ordinances, rules, regulations, orders, licenses, permits, judgments, decisions, and other requirements of any governmental authority that has jurisdiction over the affiliate, including laws (federal, state, or otherwise) that govern marketing.
- The parties are independent contractors, and nothing in this affiliate agreement or the affiliate program documentation will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties or our respective affiliates. The affiliate will have no authority to make or accept any offers or representations on our or our other affiliates and referred and non-referred brands behalf. The affiliate will not make any statement, whether on their site or otherwise, that contradicts or may contradict anything in this section. If the affiliate authorizes, assists, encourage, or facilitate another person or entity to take any action related to the subject matter of this affiliate agreement, the affiliate will be deemed to have taken the action on their own and such action shall not bind the company.
- The company may modify any of the terms and conditions contained in this Affiliate Agreement (and any Affiliate Program Documentation) at any time and in our sole discretion by posting a change notice, revised agreement, revised on Violet Simon Fashion’s website or by sending notice of such modification to the affiliate by email to the email address then-currently Affiliated with the affiliate.
- If any modification is unacceptable to the affiliate, the affiliate’s only recourse is to terminate this agreement. The affiliate’s continued participation in the program following the effective date of any modification (e.g., the date of our posting of a change notice or revised agreement on the Violet Simon Fashion’s website or the date specified in any email to the affiliate regarding such modification) will constitute the affiliate’s binding acceptance of the change.
- If any part of this agreement is unacceptable to the affiliate, the affiliate’s only recourse is to terminate this agreement. The affiliate’s continued participation in the program following the effective date of any modification (e.g., the date of our posting of a change notice or revised agreement on Violet Simon Fashion’s website or the date specified in any email to the affiliate regarding such modification) will constitute the affiliate’s binding acceptance of the change.
- For the avoidance of doubt, it is hereby stated by the Company and agreed by the affiliate that the Commissions which the Company shall pay to the affiliate shall relate solely to sold products made on Violet Simon Fashion’s website via the links and banners given to the affiliate for such purpose.
- Upon the termination of this Agreement, The Company reserves the right, at its sole discretion, to immediately cease any or all marketing efforts of the affiliate. An affiliate being terminated or withdrawing from Violet Simon Fashion shall in no way imply that the company stops its operations. Any commissions accrued up until the point of termination shall be payable and the company shall not be liable to pay anything thereafter to the affiliate.
- Upon the termination of this Agreement for any reason, the affiliate will immediately cease use of, and remove from the affiliate’s Website(s), Social media platforms all Links and Licensed Materials and any other names, marks, symbols, copyrights, logos, designs, or other proprietary designations or properties owned, developed, licensed or created by the company and/or provided by or on behalf of the company to the affiliate pursuant to this Agreement. Following the termination of this Agreement and payment to the affiliate of all Commissions due at such time of termination, the company shall have no obligation to make any further payments of Commissions to the affiliate.
- The company shall have the right to invite other affiliates to its platform, and shall have the right to construct, structure and expand its brand as it deems fit without the interference of the affiliate.
- Affiliates who withdraw from the program shall not be entitled to any further commissions nor shall Violet Simon, its platforms, subsidiary brands and companies be discontinued as a result of such withdrawal.
- All information shared by the company with the affiliate with respect to this program and the company’s overall brand shall be confidential and shall not be disclosed to any third party. If the affiliate discloses such information for their personal use or to any third party, such disclosure shall constitute a breach of this affiliate agreement and the affiliate agreement with the company shall be immediately terminated. Failure to discontinue sharing of such confidential information shall lead to legal actions being taken against the affiliate.
- Affiliate is free to use the company’s logo and links to promote the company’s program and products with the sole aim of referring buyers to the company’s platform during the existence of this agreement. Anything outside this becomes a breach of contract and might lead to the termination of this affiliate agreement.
- The company shall work with brands and other companies as it deems fit at its sole discretion and from any part of the world without the interference of the affiliate.
- The company owns every right, title and interest (including all intellectual property and proprietary rights) in and to the program, and the affiliate does not, by virtue of this Agreement or otherwise, acquire any ownership interest or rights in or to the Program, Explicit Affiliate Hyperlinks, link formats, Content, any domain name owned or operated by the company or its affiliates, and its affiliates’ trademarks and any other intellectual property and technology that the company provide or use in connection with the Program. If the affiliate provide the company or any of the company’s affiliates with suggestions, reviews, modifications, data, images, text, or other information or content about a product or in connection with this Agreement, any Content, or the affiliate’s participation in the Program, or if the affiliate modifies any Content in any way, (collectively, “the affiliate’s Submission”), the affiliate hereby irrevocably assign to the company all right, title, and interest in and to the affiliate’s Submission and grant the company (even if the affiliate has designated a Submission as confidential) a perpetual, paid-up royalty-free, nonexclusive, worldwide, irrevocable, freely transferable right and license to (a) use, reproduce, perform, display, and distribute the affiliate’s Submission in any manner; (b) adapt, modify, re-format, and create derivative works of the affiliate’s Submission for any purpose; (c) use and publish the affiliate’s name in the form of a credit in conjunction with the affiliate’s Submission (however, the company will not have any obligation to do so); and (d) sublicense the foregoing rights to any other person or entity. Additionally, the affiliate hereby warrants that: (y) the affiliate’s Submission is the affiliate’s original work, or the affiliate obtained the Submission in a lawful manner; and (z) our and our sub licensees’ exercise of rights under the license above will not violate any person’s or entity’s rights, including any copyright. The affiliate agrees to provide us such assistance as we may require to document, perfect, or maintain our rights in and to the affiliate’s Submission.
- The affiliate will not add to, delete from, or otherwise alter any Content in any way, including by adding additional information (e.g., the affiliate may not insert words into a customer review), except that affiliate may resize Content consisting of a graphic image in a manner that maintains the original proportions of the image or truncate Content consisting of text in a manner that does not materially alter the meaning of the text or cause the text to become factually incorrect or misleading. Any suggestions or alterations must be referred to the company for approval.
- The company shall not be liable to the affiliate or any third party for acts or omissions of the affiliate. The affiliate therefore indemnifies the company against any third-party claims arising as a result of the affiliate’s acts or omissions.
- The affiliate acknowledges that it has no right whatsoever to enter into any agreement or make any promises or representations on behalf of the company.