This Affiliate Program Agreement (“Agreement”) is between Zelvarn, Inc. (“Zelvarn,” “we,” “us,” or “our”) and you (“Affiliate,” “you,” or “your”). By applying to or participating in the Zelvarn Affiliate Program (“Program”), you agree to be bound by the following terms and conditions.
1. Program Overview
The Zelvarn Affiliate Program allows approved participants to earn commissions by referring new customers to Zelvarn products and services. Affiliates are provided with a unique referral link and access to an affiliate dashboard to track referrals, commissions, and payouts.
2. Enrollment and Approval
To participate in the Program, you must submit an application through our affiliate portal. We reserve the right to accept or reject any application at our sole discretion, and to revoke approval at any time if we determine that your participation is not in the best interest of Zelvarn or its customers.
You may only maintain one affiliate account. Creating multiple accounts to manipulate referrals or commissions is grounds for immediate termination and forfeiture of all unpaid commissions.
3. Commission Structure
- Commission Rate: 30% of each payment made by a referred customer.
- Commission Duration: Up to 12 months from the date of the referred customer’s first payment.
- Cookie Duration: 30 days. If a referred visitor clicks your affiliate link and completes a purchase within 30 days, the referral is attributed to you.
- Recurring Commissions: You earn a commission on every qualifying payment your referral makes during the 12-month commission window, not just their initial purchase.
Commission rates, durations, and cookie windows are subject to change. We will provide reasonable notice of any material changes. Changes do not apply retroactively to existing referred customers already within their commission window.
4. Referral Eligibility
A referral is considered valid when all of the following conditions are met:
- The customer is a new customer of Zelvarn who has not previously held an account.
- The customer arrived at Zelvarn through your unique affiliate link and completed their purchase within the applicable cookie window.
- The customer’s payment has been successfully processed and is not subsequently refunded, charged back, or disputed.
- The referral was not generated through prohibited methods as described in Section 7.
Self-referrals are not permitted. You may not use your own affiliate link to purchase Zelvarn products or services for yourself, your own business, or any entity you own or control.
5. Payment Terms
- Minimum Payout Threshold: $50 USD. Commissions accumulate until this threshold is met.
- Payout Schedule: Commissions are paid monthly, typically within the first 10 business days of each month for the prior month’s earnings.
- Payout Method: Payments are made via PayPal or other methods as made available through our affiliate platform. You are responsible for providing and maintaining accurate payment information.
- Taxes: You are solely responsible for all tax obligations arising from commissions earned. Zelvarn may require tax documentation (such as a W-9 for U.S.-based affiliates) before issuing payments. We may report payments to applicable tax authorities as required by law.
Commissions on refunded, disputed, or charged-back transactions will be deducted from your balance. If your balance is insufficient, the amount owed will be deducted from future earnings.
6. Affiliate Responsibilities
As a participant in the Program, you agree to:
- Comply with all applicable federal, state, local, and international laws, rules, and regulations, including but not limited to the FTC Endorsement Guides, CAN-SPAM Act, GDPR, and any other applicable consumer protection or privacy laws.
- Include a clear and conspicuous affiliate disclosure on any page, post, video, email, or social media content where you promote Zelvarn or include your affiliate link. Your disclosure must comply with FTC guidelines and clearly state that you may receive compensation for referrals. Example: “This post contains affiliate links. If you purchase through these links, I may earn a commission at no additional cost to you.”
- Accurately represent Zelvarn products and services. Do not make false, misleading, or unsubstantiated claims about features, pricing, performance, or results.
- Maintain sole responsibility for the content, operation, and legal compliance of your website, social media accounts, email campaigns, and any other channels through which you promote Zelvarn.
7. Prohibited Activities
The following activities are strictly prohibited and may result in immediate termination from the Program and forfeiture of all unpaid commissions:
- Paid search brand bidding: Bidding on Zelvarn brand terms, trademarks, or variations thereof (including misspellings) in any paid search or pay-per-click advertising platform (Google Ads, Bing Ads, etc.).
- Spam: Sending unsolicited emails, messages, or communications of any kind to promote your affiliate link.
- Misleading advertising: Using deceptive, false, or misleading claims, fake reviews, fake testimonials, or any content that misrepresents Zelvarn, its products, its pricing, or the results a customer can expect.
- Cookie stuffing: Using any mechanism to set affiliate cookies without a user’s knowledge or genuine click.
- Trademark misuse: Registering domain names, social media handles, or advertising accounts that include “Zelvarn,” “Zelvarn,” or any confusingly similar variations.
- Incentivized referrals: Offering cash, rebates, points, or other direct incentives to users in exchange for signing up through your affiliate link, unless explicitly approved by Zelvarn in writing.
- Software or browser extensions: Distributing toolbars, browser extensions, plugins, or any software that injects or redirects affiliate links.
- Coupon abuse: Creating, distributing, or promoting unauthorized discount codes or coupons not provided to you by Zelvarn.
- Objectionable content: Promoting Zelvarn on or alongside content that is illegal, defamatory, obscene, hateful, discriminatory, harassing, violent, or otherwise objectionable as determined by Zelvarn in its sole discretion.
8. Intellectual Property
Zelvarn grants you a limited, non-exclusive, non-transferable, revocable license to use our name, logo, and approved marketing materials solely for the purpose of promoting Zelvarn as part of this Program. You may not modify our trademarks, logos, or branding materials without prior written consent. This license terminates immediately upon your removal from the Program.
You may not imply any endorsement, partnership, sponsorship, or official affiliation with Zelvarn beyond your participation as an affiliate, unless explicitly authorized in writing.
9. Relationship of the Parties
You and Zelvarn are independent contractors. Nothing in this Agreement creates a partnership, joint venture, employment, or agency relationship. You have no authority to make commitments, representations, or warranties on behalf of Zelvarn.
10. Limitation of Liability
Zelvarn shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from or related to this Agreement or the Program, including but not limited to loss of revenue, commissions, or data, even if we have been advised of the possibility of such damages.
Our total aggregate liability under this Agreement shall not exceed the total commissions paid to you in the six (6) months preceding the event giving rise to the claim.
We are not liable for tracking failures, technical errors, affiliate platform outages, or any other circumstances beyond our reasonable control that may affect the tracking or crediting of referrals.
11. Term and Termination
This Agreement is effective upon your acceptance into the Program and remains in effect until terminated by either party.
- You may terminate your participation at any time by contacting us or deactivating your affiliate account.
- We may terminate your participation at any time, for any reason or no reason, with or without notice.
Upon termination:
- You must immediately cease all use of Zelvarn trademarks, branding, and marketing materials.
- You must remove all affiliate links to Zelvarn from your properties.
- Any unpaid commissions that have met the minimum payout threshold and are not subject to dispute will be paid in the next regular payout cycle.
- Commissions that have not met the minimum payout threshold at the time of termination are forfeited.
12. Modifications
We reserve the right to modify these terms at any time. Material changes will be communicated via email or through the affiliate dashboard. Your continued participation in the Program after changes are posted constitutes your acceptance of the revised terms. If you do not agree with the changes, your sole remedy is to terminate your participation.
13. Governing Law
This Agreement is governed by the laws of the State of Delaware, without regard to its conflict-of-law principles. Subject to any nonwaivable right to another forum, the state and federal courts located in Delaware have exclusive jurisdiction over disputes arising from this Agreement.
14. Entire Agreement
This Agreement constitutes the entire agreement between you and Zelvarn with respect to the Affiliate Program and supersedes all prior or contemporaneous communications, whether electronic, oral, or written.