Your Video Spokesperson Affiliate Agreement
This agreement describes the terms and conditions for participation in the Your Video Spokesperson (YVS) affiliate program for YourVideoSpokesperson.com. In this agreement, the term “Affiliate” refers to you (the applicant). In this agreement, Your Video Spokesperson (YVS) refers to the product owner.
- Affiliate URL – Affiliate will be issued a special unique URL once Affiliate becomes an approved member of the YVS Affiliate Program which will allow Affiliate to be paid for all referrals. Affiliate may login at any time to view all account details such as Statistics, Referrals, Visits, Order Details and Payouts. Affiliate Login is here http://yourvideospokesperson.com/affiliate-login/
- Commissions – Affiliates will receive 25% of the final sale price as a commission for all new video orders for the lifetime of the referred customer. Once an affiliate refers a new customer to YVS the affiliate we continue to receive commissions for all subsequent new video orders from the existing customer. Commission are paid on new video orders only and not on any video editing work or video marketing plans for existing orders. For a sale to generate a commission to an Affiliate, the customer must complete the order form and remit full payment for the order. All new orders are placed under our current terms and conditions found here: https://yourvideospokesperson.com/terms-and-conditions/
There are three methods for which an affiliate commission is tracked and paid:
a. DIRECT WEBSITE TRAFFIC: Affiliate sends website traffic to YourVideoSpokesperson.com through their unique Affiliate URL which will track all traffic, referrals and sales. This type of Direct Traffic may be sent via banners placed at the Affiliate’s webpages, through ads & pay per click programs, SEO, blog posts, social posts or direct email marketing to opt-in lists. All of this Direct Traffic will be tracked by the YVS affiliate software and credited to the Affiliate’s account.
b. DIRECT REFERRAL: Affiliate will refer their clients or leads to Your Video Spokesperson, and YVS will communicate directly with Affiliate’s interested leads to help answer questions via free phone consultations and email follow-ups. Once a video sale is completed with a referred lead YVS will pay Affiliate’s commission on all sales. All referred leads communication is tracked in YVS’s HubSpot.com CRM system with full history reports made available upon Affiliate’s request. All sales details are tracked by the YVS affiliate software and credited to the Affiliate’s account. A Direct Referral lead can be sent to YVS though an excel sheet list or by email. A referral lead consists of a contact name, company name, website address, phone number and email address of a business with whom affiliate has a business or personal relationship. YVS will reference affiliate’s name and company name when contacting affiliate’s referrals.
c. WHITE-LABEL: Affiliate may sell Your Video Spokesperson video services directly to their clients via the YVS white-label site YourBusinessVideos.com or through their own site. With this method Affiliate may purchase YVS video services at the agreed-upon wholesale rate of 25% off of the YVS standard pricing found here https://yourvideospokesperson.com/services-pricing/ Affiliate can then resell the finished custom-made videos to their clients at whatever price they choose. While working on the video production YVS will only communicate directly with the Affiliate and will not have any direct contact or communication with Affiliate’s clients at any time.
3. Payment – YVS pays affiliates via a PayPal account, provided to YVS upon Affiliate registration. If the PayPal email changes, it is the responsibility of the affiliate to update their PayPal email within their account. If the Affiliate has no PayPal account or prefers a monthly check be mailed out then simply leave the PayPal field blank. PayPal payments are sent out by the 5th of the month for the previous month’s sales and checks are delivered by the 15th of the month. Sales commissions are paid out for all sales that are paid in full by the referred client. YVS offers all clients a 30 day 100% money back guarantee on all new orders and if a refund is paid to one of your referred clients, the commission you received for that sale will be due to YVS within 30 days of you receiving our refund notice.
4. Order Fulfillment – YVS will be solely responsible for processing and fulfilling every order placed by a customer. Affiliates are not authorized to collect payments or sell any YVS products from other websites as a “reseller” and no “resale” rights are granted in ANY way other than what is listed under the white-label method under the commissions section number 2c. YVS will also be responsible for all customer service inquires. All affiliates understand and acknowledge that no physical products will be shipped since all of the digital video products will be delivered via the internet through the client’s account.
Clients who purchase products and services through the YVS Affiliate Program will be deemed to be clients of YVS. Accordingly, all rules, policies, and operating procedures concerning client orders and service will apply to those clients. We may change our policies and operating procedures at any time. Prices and availability of our products and services may vary from time to time. YVS policies will always determine the price paid by the client.
- Qualifying Sites and Permitted Usage – YVS reserves the right to refuse any site entry into the YVS Affiliate Program based on site content. Affiliates may use the graphical banners and design creatives located within the YourVideoSpokesperson.com Affiliate Program site.
- Prohibited Usage – The following cases are prohibited and are grounds for immediate termination of the affiliate account. Affiliates MAY NOT use the YVS logo, logo marks or other YVS website/branding imagery in a header graphic or in any way as to indicate they are officially affiliated or partnered with YVS unless such use is approved in writing by YVS. Affiliates MAY NOT use the term “YourVideoSpokesperson” in ANY variation in their site URL. Affiliates MAY NOT promote coupons that were not provided to them personally by YourVideoSpokesperson.com. Affiliates MAY NOT host or promote “coupon stacking” sites where customers may combine coupons to receive additional discounts.
- YVS Anti-Spam Policy – YVS strictly prohibits affiliates from using spam e-mailing, SMS/text messages and other forms of Internet abuse (including spamming forums, blogs, contact forms, twitter, facebook and other social media outlets) to seek sales. Spam is defined as including, but not limited to, the following:
- Electronic mail messages including SMS/text messages addressed to a recipient with whom the sender does not have an existing business or personal relationship or is not sent at the request of, or with the express consent of, the recipient through an opt in subscription;
- Messages posted to Usenet, forums, Twitter, Facebook and message boards that are off-topic (unrelated to the topic of discussion), cross-posted to unrelated newsgroups, posted in excessive volume, or posted against forum/message board rules. Be conscious of forum rules! If a forum owner or moderator complains that an affiliate has spammed, the affiliate account may be permanently terminated after investigation.
- Affiliate must maintain strict compliance with the FTC’s CAN-SPAM Act of 2003 and the FCC’s Telephone Consumer Protection Act (TCPA) and all amendments and modifications to these laws. If Affiliate violates any laws or regulations while marketing the services of YVS, the Affiliate would be solely liable for all damages of any sort including claims, liabilities, damages, actions, causes of action, suits, threats, demands, settlements, including all costs and attorney fees and penalties arising from such action.
YVS, may undertake, at its sole discretion and with or without prior notice, the following enforcement actions:
- Account Termination: Upon the receipt of a credible complaint, the YVS Affiliate Program manager may investigate the complaint, and if necessary, will then terminate the affiliate account of the individual implicated in the abuse. Termination results in the immediate closure of the member and affiliate account, the loss of all referrals, and the forfeiture of any unpaid money on account. If you wish to report a violation of our Anti-Spam Policy, please forward all relevant evidence to our customer service department.
- Relationship of Parties – Affiliates are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. Affiliates have no authority to make or accept any offers or representations on behalf of YVS. Affiliates will not make any statement, whether on their sites or otherwise, that reasonably would contradict this statement.
- Term and Termination – The term of this Agreement will begin when accepted by both Affiliate and YVS and may be terminated by either party with 30 days written notice. Either YVS or the affiliate may terminate this Agreement at any time, with or without cause. Upon the termination of this Agreement for any reason, all licenses granted hereunder shall immediately terminate and Affiliate will immediately cease use of, and remove from Affiliate’s Web Site, all links to the YVS websites, and all YVS trademarks and logos, other YVS marks and all other materials provided in connection with this program.
- Modification – YVS may modify any of the terms and conditions within this Agreement at any time and at our sole discretion. These modifications may include, but not limited to changes in the scope of available referral fees, fee schedules, payment procedures and Affiliate Program rules. We will provide you with 30 days’ written notice of any changes in the Affiliate Program rules and If any of the modifications are UNACCEPTABLE TO YOU, you may terminate this Agreement. If you CONTINUE PARTICIPATION IN THE PROGRAM, it will be considered as your acceptance of the change.
- Limitation of Liability – YVS will not be liable for indirect, special, or consequential damages (or any loss of revenue, profits, expenditures or data) arising in connection with this Agreement or the Program, even if YVS has been advised of the possibility of such damages. Further, YVS’s aggregate liability arising with respect to this Agreement and the Program will not exceed the total commissions paid or payable to the affiliate under this Agreement.
INDEMNIFICATION – The Affiliate hereby indemnifies and holds YVS, and all of the YVS 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 YVS may incur and which are based in whole or in part upon the Affiliate’s participation in the Affiliate Program, any claims that any of the Affiliate’s trademarks and other proprietary material infringe upon the rights of any other party, the Affiliate’s breach of any term, covenants, condition, representation or warranty contained in this Agreement or any policies of participation in the Affiliate Program, or any claim related directly or indirectly to the Affiliate’s use, operation or the content of the Affiliate web site.
- Disclaimers – YVS makes no express or implied warranties or representations with respect to the Affiliate Program or an affiliate’s potential to earn income from the Affiliate Program. In addition, YVS makes no representation that the operation of the websites or the Affiliate links will be uninterrupted or error-free, and YVS will not be liable for the consequences of any interruptions or errors.
- Miscellaneous – YVS’s failure to enforce Affiliate’s strict performance of any provision of this Agreement will not constitute a waiver of YVS’s right to subsequently enforce such provision or any other provision of this Agreement. If any of the provisions of this Agreement are determined by a court to be unenforceable, they shall be severed from this Agreement, and the remaining provisions shall remain in full force and effect.
By signing up with the YVS Affiliate Program, Affiliate acknowledges that they have read this agreement and agree to all its terms and conditions. Affiliate has independently evaluated this program and is not relying on any representation, guarantee or statement other than as set forth in this agreement.