Voomly may offer you an opportunity to become an independent Voomly Affiliate (“Affiliate”), wherein you have the opportunity to earn additional money for Voomly products, services and accounts that you sell. Voomly reserves the sole and exclusive right to determine the amount of remuneration each Affiliate will receive in exchange for the Affiliate’s efforts. Affiliate commission is further discussed herein. See also Voomly Terms of Service, which apply to you in your role as Affiliate, unless otherwise expressly provided for.
This Affiliate Agreement (“Agreement”) governs Your application for, and any subsequent participation in, Voomly’s Affiliate program. By clicking “I Accept the Terms and Conditions” and submit, You thereby accept the terms of this Agreement, You indicate that You have read and understood this Agreement, and agree that You are bound by its terms.
SECTION 1 - PARTIES All references to “Voomly” herein means and refers to Voomly LLC, doing business as Voomly. All references to “You” and “Your” mean and refer to the person or entity who has executed this Agreement. Voomly and You are each referred to herein as a “Party,” and collectively as the “Parties.” You agree to notify us in writing if the legal name of your business or account ownership changes within twenty-four (24) hours of such change and You certify that all such information is truthful and accurate. Notice of such changes should be sent to email@example.com.
SECTION 2 - APPLICATION You agree to provide all information requested by Voomly in connection with Your Affiliate application, and You affirm that all information that You provide is truthful and accurate. You understand and agree that Voomly retains sole and exclusive discretion to determine whether You qualify for participation in Voomly’s Affiliate program. Not everyone who applies for Voomly’s Affiliate program will qualify to participate.
SECTION 3 - CONSENT TO BE CONTACTED You expressly consent to be contacted at the email address and the phone number You provide in Your application about Your application and the Affiliate program, including through automated dialing systems, texts and artificial or pre-recorded messages, whether by Voomly or a third-party on behalf of Voomly. This consent is a material condition of this Agreement and may not be revoked except in writing by both Parties.
SECTION 4 - COMPENSATION If Your application to become an Affiliate is approved by Voomly, You will receive a unique Affiliate ID. The Affiliate ID will be incorporated within each URL which You will use to advertise Voomly. You will have the opportunity to receive a commission for each sale (“Sale”) that is registered using Your Affiliate ID.
In the event that a prospect (“Prospect”) has multiple Affiliate cookies (“Cookies”), the most recently-acquired Cookie will determine which Affiliate is credited with a Sale.
Provided that the Sale is registered to a specific account (each such account is a “Sold Account”) remains in good status within thirty (30) days from the Sale, You will be paid a commission for each Sold Account that generates a payment to Voomly in a month (“Commission”). Except as otherwise provided herein, Commission payments will be paid on the 1st and 15th of each month following Voomly’s receipt of payment for a Sold Account, subject to the other terms of this Agreement. In the event the 1st or 15th of each month falls on a holiday or a weekend, Commission payments will be paid on the business day preceding the holiday. All Commission payments are based on the amount of fees received by Voomly, less sales taxes.
The amount of Commissions are as follows:
a.) Legacy Affiliates: 40% Applicable only to pre-existing affiliates of Voomly who promoted Voomly products before March 23, 2023. Legacy Affiliates who previously sold Voomly products and were compensated via Paykickstart for which commissions were received (“Legacy Commission”) from the Affiliate’s “Legacy Accounts” (defined as the account associated with each “Legacy Sale”, which is defined as a person or entity that created a Voomly, Toonly, Doodly, Talkia, Pyks or People Builder account through one of the Affiliate’s Sold Accounts before March 23, 2023) will continue to receive commission payments via Paykickstart so long as the Legacy Accounts continue in good standing with Voomly and so long as the Affiliate continues to abide by the terms of this Agreement. To be a Legacy Affiliate, you must meet the criteria set forth above and be approved by Voomly.
Commissions earned by Legacy Affiliates after March 1, 2023, will be made on or before forty-five (45) days following Voomly’s receipt of payment for a Sold Account, subject to the other terms of this Agreement.
Voomly reserves the right to change Your affiliate commission status at any time (whether upgrading to Legacy or downgrading to Standard) in its sole discretion.
b.) Standard Commissions: Standard Accounts obtained after March 30, 2023: 30% Applicable to new affiliates of Voomly after March 30, 2023 that are approved by Voomly. Those affiliates who are approved will receive the commission amount of 30% of all monthly fees (“Standard Commission”) received from the Affiliate’s “Standard Accounts” (defined as the account associated with each “Standard Sale”, which is defined as a person or entity that created a Voomly, Toonly, Doodly, Talkia, Pyks or People Builder account through one of the Affiliate’s Sold Accounts after March 30, 2023) so long as the Standard Accounts continue in good standing with Voomly and so long as the Affiliate continues to abide by the terms of this Agreement. Standard Commission payments will be made to eligible approved Affiliates on or before forty-five (45) days following Voomly’s receipt of payment for a Legacy Account, subject to the other terms of this Agreement.
All Commissions and Legacy Commissions are paid in U.S. Dollars (USD) or otherwise in currencies offered by the payment provider. Some payment methods may incur processing fees that may be deducted from Your Commissions or Legacy Commissions payment. Your combined Commission and Legacy Commission must equal or exceed One Hundred and 00/100 Dollars ($100.00) (USD) before You receive a payment from Voomly. If Your combined Commissions and Legacy Commissions in a 120-day period do not exceed $100.00 (USD) Your Commissions will not be paid and will be forfeited by You to Voomly.
Once a Commission of $100 (USD) or more is earned, You will need to register with our third-party payment provider to receive payment of Commissions. This means You are authorizing third party companies to contact You. Before You can be paid any Commission or Legacy Commission, You must provide Voomly a completed W-8 or W-9 tax form, as instructed by Voomly, as well as any supporting documentation requested by Voomly or its third-party payment provider. You will be deemed to have permanently waived all rights to Commissions or Legacy Commissions that were earned more than 120 days before submitting a completed W-8 or W-9 tax form or any ancillary supporting documentation that is requested to confirm the information on your tax form. If You are not a resident of the United States, Voomly may withhold tax (including without limitation VAT) where required by applicable law. You are solely responsible for complying with all tax laws in Your respective jurisdiction(s) including, but not limited to, the payment of all required taxes, and filing of all returns and other required documents with, the applicable governing body(ies).
Affiliates will not be paid any Commissions or Legacy Commissions for payments made on Affiliate’s own user account(s). Affiliates are not permitted to open a Voomly account under the name of another person or entity, under a fictitious name, or under any name merely for the purpose of obtaining Commissions, Legacy Commissions or any other compensation. Affiliates may not pay for another person’s or entity’s account. Affiliates are not permitted to offer cash rebates or other monetary incentives to obtain Sales or Legacy Sales.
Commissions and Legacy Commissions are paid only for transactions that actually occur between Voomly and a Sale or a Legacy Sale and in which payment is received by Voomly. If payment for a Sold Account or a Legacy Account later results in a refund or chargeback, and if a Commission or Legacy Commission was paid to You for that Sold Account or Legacy Account payment, then the Commission or Legacy Commission will be deducted from Your future Commissions and/or Legacy Commissions.
If Voomly determines, in its sole and exclusive discretion, that any Sale or Legacy Sale was procured fraudulently or as a result of any violation of this Agreement or applicable law, no Commission or Legacy Commission will be paid for such Sale or Legacy Sale and, for past sales, such payment amounts shall be deducted from Your future Commissions and Legacy Commissions, and Voomly may terminate this Agreement immediately, without notice, and without Voomly having any liability to You.
SECTION 5 - TERM AND TERMINATION The term of this Agreement will begin the earlier of (i) when You click “I accept the Terms and Conditions” and submit; or (ii) Your participation in the Affiliate program is approved. Your participation in the Voomly Affiliate program will continue month-to-month until terminated. Either Party may terminate this Agreement at any time, with or without cause, by giving the other Party thirty (30) days’ written notice of termination. If, in our sole discretion, You fail, or we suspect that You have failed, to comply with any term or provision of the Agreement or the Terms of Service, or violated any law, whether in connection with Your use of Voomly or otherwise, Voomly may take any action that it deems necessary, including without limitation to terminating the Agreement or suspending Your access to the Affiliate website (“Website”) at any time without notice to You. In addition, if, based on our data, you have a dispute rate greater than 2%, we may terminate this Agreement or suspend your access to the Website at any time without notice to You. In such instances as described above, and in our sole discretion, we may terminate our relationship and suspend any accounts owned/controlled by You. For the avoidance of doubt, and without limitation for purposes of the foregoing, any violation of the required disclosure will be deemed a material breach of this Agreement. See Appendix A, Section 2, Disclosure. In the event this Agreement is canceled due to Your breach, You immediately forfeit all Commissions, Legacy Commissions, and any other payments owed to You or that may in the future be owed to You without any further liability by Voomly to You. This Agreement will terminate automatically if You earn no (zero) Commissions over a 12 month period and you will be unable to earn any future Commissions.
If this Agreement is terminated or canceled, then all provisions that, by their nature, should survive, will survive, including, but not necessarily limited to, all limitations of liability, disclaimers of warranties, indemnity obligations, mandatory arbitration and class action waiver provisions, and exceptions to arbitration. All representations and warranties undertaken by You shall also survive termination or cancellation of this Agreement and/or Your Voomly account.
SECTION 6 - ADDITIONAL REPRESENTATIONS AND WARRANTIES In addition to Your other representations and warranties herein, You further represent and warrant that there are no prior or pending government investigations or inquiries of, or prosecutions against You by the Federal Trade Commission (“FTC”), any other federal or state governmental agency, or any industry regulatory authority, anywhere in the world, nor any prior or pending private lawsuits against You which relate to alleged intentional torts or alleged violation of any consumer protection or advertising laws. If You become the subject of such an investigation, inquiry, prosecution, or lawsuit any time after this Agreement is executed, You are required to notify Voomly of the same within 24 hours. Voomly, in its sole and exclusive discretion, may immediately terminate Your participation in Voomly’s Affiliate program, as well as immediately terminate this Agreement, based on any investigation, proceeding, or lawsuit identified pursuant to this paragraph.
SECTION 7 - ENTIRE AGREEMENT This Agreement, Appendix A below, along with Voomly’s standard Terms of Service, represents the entire agreement between the Parties and supersedes any other written or oral agreement between the Parties as pertaining to Your Affiliate application and, if approved, Your rights and responsibilities as an Affiliate.
Additional Terms of the Affiliate Agreement and Advertising Rules
These Advertising Rules apply to all activities of Affiliate:
Additional Terms of the Affiliate Agreement and Advertising Rules
These Advertising Rules apply to all activities of Affiliate:
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