Tell us a little bit about how you'd like to promote MixerVape to other people.
Remember to include details that might be relavant like your Twitter handle, YouTube channel, Website address, Instagram account or Facebook page.
THIS IS A LEGAL AGREEMENT BETWEEN YOU AND AEARAE LIMITED (Trading as MixerVape)
BY SUBMITTING THE APPLICATION YOU ARE AGREEING THAT YOU HAVE READ AND UNDERSTAND THE TERMS AND CONDITIONS AND WILL ABIDE BY THEM.
This Agreement contains the complete terms and conditions that apply to you becoming an affiliate in MixerVape's Affiliate Program. The purpose of this Agreement is to allow you to be rewarded for purchases made by customers that you refer to MixerVape. In this Agreement, "we," "us," and "our" refer to Aeaeae Limited, trading as MixerVape, and "you," "your," and "yours" refer to the affiliate.
To become an affiliate, you will need to apply on the MixerVape website. We will evaluate your application and may choose to reject the application at our sole discretion. We may cancel your application if we determine that you are unsuitable for our Program, including if you
- Misrepresent MixerVape in any way.
- Promote or engage in activity or behaviour that we deem in any way unlawful, harmful, threatening, defamatory, obscene, harassing, or racially, ethnically or otherwise objectionable to us in our sole discretion.
As a member of MixerVape's Affiliate Program, you will receive a promotional code. In order for us to accurately keep track of customers you refer, you must ensure customers you refer use the promotional code that we provide.
MixerVape reserves the right, at any time, to review your promotional activity and require that you comply with the guidelines provided to you.
The maintenance and the updating of any service or site you operate will be your responsibility.
From time to time we may provide you with creative resources to help you promote MixerVape. However, it is entirely your responsibility to follow all applicable intellectual property and other laws that pertain to your site. You must have express permission to use any person's copyrighted material, whether it be a writing, an image, or any other copyrightable work. We will not be responsible (and you will be solely responsible) if you use another person's copyrighted material or other intellectual property in violation of the law or any third party rights.
MixerVape's Rights and Obligations
We have the right to monitor your promotional activity to determine if you are following the terms and conditions of this Agreement. We may notify you of any changes that we feel should be made. If you do not make the changes to that we feel are necessary, we reserve the right to terminate your participation in MixerVape's Affiliate Program.
MixerVape reserves the right to terminate this Agreement and your participation in the MixerVape's Affiliate Program immediately and without notice to you should you commit fraud in your use of the MixerVape's Affiliate Program or should you abuse this program in any way. If such fraud or abuse is detected, MixerVape shall not be liable to you for any commissions for such fraudulent sales.
This Agreement will begin upon our acceptance of your application, and will continue unless terminated hereunder.
Either you or we may end this Agreement AT ANY TIME, with or without cause, by giving the other party written notice. Written notice can be in the form of mail, email or any other medium with which we have had prior contact. In addition, this Agreement will terminate immediately upon
We may modify any of the terms and conditions in this Agreement at any time at our sole discretion. In such event, you will be notified. Modifications may include, but are not limited to, changes in the payment procedures and MixerVape's Affiliate Program rules. If any modification is unacceptable to you, your only option is to end this Agreement. Your continued participation in MixerVape's Affiliate Program following the posting of the change notice or new Agreement on our site will indicate your agreement to the changes.
MixerVape uses PayPal to handle payments. To be eligible to participate in MixerVape's affiliate program you must Provide MixerVape with the details of a PayPal account and agree to receive payments to that account. You agree to be bound by any applicable conditions imposed by PayPal. Please review PayPal's payment terms and conditions.
Any promotion that mentions MixerVape could be perceived by the public or the press as a joint effort. Any activity that would be considered "spamming" is unacceptable and will result in termination of your participation in MixerVape's Affliliate program. You may use mailings to users to promote MixerVape so long as the recipient is a subscriber of your services and have the option to remove themselves from future mailings. At all times, you must clearly represent yourself and your web sites as independent from MixerVape. If it comes to our attention that you are spamming, we will consider that cause for immediate termination of this Agreement and your participation in the MixerVape's Affiliate Program. Any pending balances owed to you will not be paid if your account is terminated due to such unacceptable advertising or solicitation.
Grant of Licenses
We grant to you a non-exclusive, non-transferable, revocable right to (i) access our site through HTML links solely in accordance with the terms of this Agreement and (ii) solely in connection with such links, to use our logos, trade names, trademarks, and similar identifying material (collectively, the "Licensed Materials") that we provide to you or authorize for such purpose. You are only entitled to use the Licensed Materials to the extent that you are a member in good standing of MixerVape's Affiliate Program. You agree that all uses of the Licensed Materials will be on behalf of MixerVape and the good will associated therewith will inure to the sole benefit of MixerVape.
Each party agrees not to use the other's proprietary materials in any manner that is disparaging, misleading, obscene or that otherwise portrays the party in a negative light. Each party reserves all of its respective rights in the proprietary materials covered by this license. Other than the license granted in this Agreement, each party retains all right, title, and interest to its respective rights and no right, title, or interest is transferred to the other.
MIXERVAPE MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES REGARDING MIXERVAPE SERVICE AND WEB SITE OR THE PRODUCTS OR SERVICES PROVIDED THEREIN, ANY IMPLIED WARRANTIES OF MIXERVAPE ABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT ARE EXPRESSLY DISCLAIMED AND EXCLUDED. IN ADDITION, WE MAKE NO REPRESENTATION THAT THE OPERATION OF OUR SITE WILL BE UNINTERRUPTED OR ERROR FREE, AND WE WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS.
Representations and Warranties
You represent and warrant that:
- This Agreement has been duly and validly executed and delivered by you and constitutes your legal, valid, and binding obligation, enforceable against you in accordance with its terms;
- You have the full right, power, and authority to enter into and be bound by the terms and conditions of this Agreement and to perform your obligations under this Agreement, without the approval or consent of any other party;
- You have sufficient right, title, and interest in and to the rights granted to us in this Agreement.
Limitations of Liability
WE WILL NOT BE LIABLE TO YOU WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE OR GOODWILL OR ANTICIPATED PROFITS OR LOST BUSINESS), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT, IN NO EVENT SHALL MIXERVAPE'S CUMULATIVE LIABILITY TO YOU ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER BASED IN CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT OR OTHER LEGAL OR EQUITABLE THEORY, EXCEED THE TOTAL COMMISSION FEES PAID TO YOU UNDER THIS AGREEMENT.
You hereby agree to indemnify and hold harmless Aeaeae Limited (Trading as MixerVape), and its subsidiaries and affiliates, and their directors, officers, employees, agents, shareholders, partners, members, and other owners, against any and all claims, actions, demands, liabilities, losses, damages, judgments, settlements, costs, and expenses (including reasonable attorneys' fees) (any or all of the foregoing hereinafter referred to as "Losses") insofar as such Losses (or actions in respect thereof) arise out of or are based on (i) any claim that our use of the affiliate trademarks infringes on any trademark, trade name, service mark, copyright, license, intellectual property, or other proprietary right of any third party, (ii) any misrepresentation of a representation or warranty or breach of a covenant and agreement made by you herein, or (iii) any claim related to your site, including, without limitation, content therein not attributable to us.
All confidential information, including, but not limited to, any business, technical, financial, and customer information, disclosed by one party to the other during negotiation or the effective term of this Agreement which is marked "Confidential," will remain the sole property of the disclosing party, and each party will keep in confidence and not use or disclose such proprietary information of the other party without express written permission of the disclosing party.
You agree that you are an independent contractor, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between you and MixerVape. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on Your Site or any other of Your Site or otherwise, that reasonably would contradict anything in this Section.
Neither party may assign its rights or obligations under this Agreement to any party, except to a party who obtains all or substantially all of the business or assets of a third party.
This Agreement shall be governed by and interpreted in accordance with the laws of the United Kingdom without regard to the conflicts of laws and principles thereof.
You may not amend or waive any provision of this Agreement unless in writing and signed by both parties.
This Agreement represents the entire agreement between us and you, and shall supersede all prior agreements and communications of the parties, oral or written.
The headings and titles contained in this Agreement are included for convenience only, and shall not limit or otherwise affect the terms of this Agreement.
If any provision of this Agreement is held to be invalid or unenforceable, that provision shall be eliminated or limited to the minimum extent necessary such that the intent of the parties is effectuated, and the remainder of this agreement shall have full force and effect.