Vejo is the first smart, portable and reusable pod-based blender on the market. We are an integrated health and wellness platform that provides access to targeted on-the-go nutrition without compromising nutrients or convenience. This program offers a 15-day cookie duration period.
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Vejo is the first smart, portable and reusable pod-based blender on the market. We are an integrated health and wellness platform that provides access to targeted on-the-go nutrition without compromising nutrients or convenience.
Affiliate
Agreement
Effective
Date: August 6th, 2020
Primary
Website: www.vejo.com
THE
AGREEMENT: This Affiliate Agreement (hereinafter called the
"Agreement") is provided by the following organization, hereinafter
referred to as "Company": Vejo. Our primary website is located at the
address listed above. The Agreement is a legal document between you and
the Company that describes the affiliate relationship we are entering
into. This Agreement covers your responsibilities as an affiliate and
our responsibilities to you. Please ensure you read and understand the
entirety of this document, as well as have a lawyer's assistance if you
desire, because each of the terms of this Agreement are important to
our working relationship.
1)
DEFINITIONS
The
parties referred to in this Agreement shall be defined as follows:
a)
Company, Us, We: As we describe above, we'll be referred to as the
Company. Us, we, our, ours and other first-person pronouns will also
refer to the Company, as well as all employees or legal agents of the
Company.
b)
You, the Affiliate: You will be referred to as the "Affiliate." You'll
also be referred to throughout this Agreement with second-person
pronouns such as You, Your, or Yours.
c)
Parties: Collectively, the parties to this Agreement (the Company and
You) will be referred to as "Parties" or individually as "Party."
d)
Affiliate Program: The program we've set up for our affiliates as
described in this Agreement.
e)
Affiliate Application: The fully completed form which must be provided
to us for consideration of your inclusion in the Affiliate Program.
f)
Website: The primary website we've noted above will be referred to as
Website.
2)
ASSENT & ACCEPTANCE
By
submitting an application to our Affiliate Program, you warrant that
you have read and reviewed this Agreement and that you agree to be
bound by it. If you do not agree to be bound by this Agreement, please
leave the website immediately and do not submit an application to our
Affiliate Program. This Agreement specifically incorporates by
reference any Terms of Conditions, Privacy Policies, End-User License
Agreements, or other legal documents which we may have on our website.
3)
AGE RESTRICTION
You
must be at least 18 (eighteen) years of age to join our Affiliate
Program or use this Website. By submitting an application to our
Affiliate Program, you represent and warrant that you are at least 18
years of age and may legally agree to this Agreement. The Company
assumes no responsibility or liability for any misrepresentation of
your age.
4)
PROGRAM SIGN-UP
In
order to sign up for our Affiliate Program, you will first be asked to
submit an Affiliate Application to join. The Affiliate Application may
be found at the following website: www.pepperjam.com.
Submitting
an Affiliate Application does not guarantee inclusion in the Affiliate
Program. We evaluate each and every application and are the sole and
exclusive decision-makers on Affiliate acceptance. If we choose not to
allow your inclusion in the Affiliate Program, we will attempt to
notify you in a reasonable manner. If you do not hear from us within a
reasonable time frame, please consider your application rejected. We
are not obligated to provide you any explanation for your rejection,
but please be advised we may reject applicants for any reason or
manner, including but not limited to a website or social media page
which violates our Acceptable Use Policy.
If
your Affiliate Application is rejected, you may not reapply. If your
Affiliate Application is accepted, each of the terms and conditions in
this Agreement applies to your participation. We may also ask for
additional information to complete your Affiliate Application or for
you to undertake additional steps to ensure eligibility in the
Affiliate Program.
5)
NON-EXCLUSIVITY
This
Agreement does not create an exclusive relationship between you and us.
You are free to work with similar affiliate program providers in any
category. This agreement imposes no restrictions on us to work with any
individual or company we may choose.
6)
AFFILIATE PROGRAM
After
your acceptance in the Affiliate Program, you must ensure your account
is set up thoroughly, including specific payout information and
location (such as a bank or online account which we may use to post
payment).
Please
be advised the below is a general description of the Affiliate Program.
Everything contained in this subsection is subject to the specific
terms and conditions throughout the rest of this Agreement.
We
will provide you with a specific link or links which correspond to
certain products we are offering for sale (collectively, the "Link").
The Link will be keyed to your identity and will send online users to
the Company's website or websites. You hereby agree to fully cooperate
with us regarding the Link and that you will explicitly comply with all
of the terms of this Agreement for the promotion of the Link at all
times. We may modify the specific link or links and will notify you if
we do so. You agree to only use links which are prior approved by us
and to display the Link prominently on your website or social media
page, as described in your Affiliate Application (collectively, the
"Affiliate Site").
Each
time a user clicks through the Link posted on the Affiliate Site and
completes the sale of the product or service and we determine it is a
Qualified Purchase, as described below, you will be eligible to receive
the following percentage of the sale: 15% (fifteen percent).
7)
SPECIFIC TERMS APPLICABLE
We
will determine whether payout is permissible in our sole and exclusive
discretion. We reserve the right to reject clicks and/or sales that do
not comply with the terms of this Agreement.
Processing
and fulfillment of orders will be our responsibility. We will also
provide real-time data regarding your account with us through the
portal on which you log into the website.
As
described above, in order to be eligible for payout, user purchases
must be "Qualified Purchases." Qualified Purchases:
a)
Must not be referred by any other partner or affiliate links of the
Company (in other words, Qualified Purchases are only available through
your specific Affiliate Link;
b)
May not be purchased by an already-existing partner or affiliate of the
Company;
c)
May not be purchased prior to the Affiliate joining the Affiliate
Program;
d)
May only be purchased through a properly-tracking Affiliate Link;
e)
May not be purchased by a customer in violation of any of our legal
terms or Acceptable Use Policy;
f)
May not be fraudulent in any way, in the Company's sole and exclusive
discretion;
g)
May not have been induced by the Affiliate offering the customer any
coupons or discounts;
8)
PAYOUT INFORMATION
Payouts
will only be available when the Company has your current address
information as well as accounting and tax documentation. You will be
asked to submit a W8/W9 tax form. Accounting information may include
the routing and account number of a bank where you wish to post a
direct deposit or may include an email address for an online method of
payment.
Currently,
the Company employs the following methods of payout:
Paypal
For
any changes in your address or accounting information, you must notify
us immediately and we will endeavor to make the changes to your payout
information as soon as possible.
Payouts
will be available the month or period after they accrue. For example,
if payouts are made every 15 days, an entire 15 day period must finish
for the payout of that period to be available in the following period.
We
explicitly reserve the right to change payout information in our sole
and exclusive discretion. If we do so, you will be notified.
For
any disputes as to payout, the Company must be notified within thirty
days of your receipt of the payout. We will review each dispute
notification as well as the underlying payout transaction to which it
is related. Disputes filed after thirty days of payout will not be
addressed.
9)
REPORTS
You
may log into your account with us to review reports related to your
affiliation, such as payout reports and Qualified Click and/or Purchase
information. Please be advised however, that not all listed qualifying
clicks and/or purchases have been fully reviewed for accuracy in the
reports viewable by you in real-time and therefore may be subject to
change prior to payout.
10)
TERM, TERMINATION & SUSPENSION
The
term of this Agreement will begin when we accept you into the Affiliate
Program. It can be terminated by either Party at any time with or
without cause.
You
may only earn payouts as long as you are an Affiliate in good standing
during the term. If you terminate this Agreement with us, you will
qualify to receive payouts earned prior to the date of termination.
If
you fail to follow the terms of this Agreement or any other legal terms
we have posted anywhere on our website or websites, you forfeit all
rights, including the right to any unclaimed payout.
We
specifically reserve the right to terminate this Agreement if you
violate any of the terms outlined herein, including, but not limited
to, violating the intellectual property rights of the Company or a
third party, failing to comply with applicable laws or other legal
obligations, and/or publishing or distributing illegal material.
At
the termination of this Agreement, any provisions that would be
expected to survive termination by their nature shall remain in full
force and effect.
11)
INTELLECTUAL PROPERTY
You
agree that the intellectual property owned by the Company includes all
copyrights, trademarks, trade secrets, patents, and other intellectual
property belonging to the Company ("Company IP").
Subject
to the limitations listed below, we hereby grant you a non-exclusive,
non-transferable, revocable license to access our websites in
conjunction with the Affiliate Program and use the Company IP solely
and exclusively in conjunction with identifying our company and brand
on the Affiliate Site to send customers to the Affiliate links we
provide. You may not modify the Company IP in any way and you are only
permitted to use the Company IP if you are an Affiliate in good
standing with us.
We
may revoke this license at any time and if we find that you are using
the Company IP in any manner not contemplated by this Agreement, we
reserve the right to terminate this Agreement.
Other
than as provided herein, you are not permitted to use any of the
Company IP or any confusingly similar variation of the Company IP
without our express prior written permission. This includes a
restriction on using the Company IP in any domain or website name, in
any keywords or advertising, in any metatags or code, or in any way
that is likely to cause consumer confusion.
Please
be advised that your unauthorized use of any Company IP shall
constitute unlawful infringement and we reserve all of our rights,
including the right to pursue an infringement suit against you in
federal court. You may be obligated to pay monetary damages or legal
fees and costs.
You
hereby provide us a non-exclusive license to use your name, trademarks
and servicemarks if applicable and other business intellectual property
to advertise our Affiliate Program.
12)
MODIFICATION & VARIATION
The
Company may, from time to time and at any time, modify this Agreement.
You agree that the Company has the right to modify this Agreement or
revise anything contained herein. You further agree that all
modifications to this Agreement are in full force and effect
immediately upon posting on the Website and that modifications or
variations will replace any prior version of this Agreement, unless
prior versions are specifically referred to or incorporated into the
latest modification or variation of this Agreement. If we update or
replace the terms of this Agreement, we will let you know via
electronic means, which may include an email. If you don't agree to the
update or replacement, you can choose to terminate this Agreement as
described below.
a)
To the extent any part or subpart of this Agreement is held ineffective
or invalid by any court of law, you agree that the prior, effective
version of this Agreement shall be considered enforceable and valid to
the fullest extent.
b)
You agree to routinely monitor this Agreement and refer to the
Effective Date posted at the top of this Agreement to note
modifications or variations. You further agree to clear your cache when
doing so to avoid accessing a prior version of this Agreement.
13)
RELATIONSHIP OF THE PARTIES
Nothing
contained within this Agreement shall be construed to form any
partnership, joint venture, agency, franchise, or employment
relationship. You are an independent contractor of the Company and will
remain so at all times.
14)
ACCEPTABLE USE
You
agree not to use the Affiliate Program or our Company for any unlawful
purpose or any purpose prohibited under this clause. You agree not to
use the Affiliate Program in any way that could damage our websites,
products, services, or the general business of the Company.
a)
You further agree not to use the Affiliate Program:
I)
To harass, abuse, or threaten others or otherwise violate any person's
legal rights;
II)
To violate any intellectual property rights of the Company or any third
party;
III)
To upload or otherwise disseminate any computer viruses or other
software that may damage the property of another;
IV)
To perpetrate any fraud;
V)
To engage in or create any unlawful gambling, sweepstakes, or pyramid
scheme;
VI)
To publish or distribute any obscene or defamatory material;
VII)
To publish or distribute any material that incites violence, hate, or
discrimination towards any group;
VIII)
To unlawfully gather information about others.
15)
AFFILIATE OBLIGATIONS & FTC COMPLIANCE
You
are responsible for ensuring operation and maintenance of the Affiliate
Site, including technical operations, written claims, links, and
accuracy of materials. You must ensure, as noted above, that the
Affiliate Site does not infringe upon the intellectual property rights
of any third party or otherwise violate any legal rights.
We
may monitor your account, as well as clicks and/or purchases coming
through your account. If we determine you are not in compliance with
any of the terms of this Agreement, we have the right to immediately
terminate your participation in the Affiliate Program.
We
require all of our Affiliates to comply with all applicable statutes,
regulations, and guidelines set by the federal government, through the
Federal Trade Commission, as well as state and local governments as
mandated. The Federal Trade Commission requires that affiliate
relationships, such as the relationship between you and the Company, be
disclosed to consumers.
We
recommend that you seek independent legal counsel to advise you of our
obligations to disclose in this manner.
You
are required to post a conspicuous notice on your website regarding the
Affiliate Program. The notice does not have to contain the precise
words as the example given below, but should be similar:
We
engage in affiliate marketing whereby we receive funds through clicks
to our affiliate program through this website or we receive funds
through the sale of goods or services on or through this website. We
may also accept advertising and sponsorships from commercial businesses
or receive other forms of advertising compensation. This disclosure is
intended to comply with the US Federal Trade Commission Rules on
marketing and advertising, as well as any other legal requirements
which may apply.
We
also require you to comply with any and all applicable data privacy and
security laws and regulations, including all of those which may impact
your country of residence or your visitors. Such regulations include,
but are not limited to, any applicable laws in the United States or the
General Data Protection Regulation of the European Union. We also
require that you implement adequate organizational and technical
measures to ensure an appropriate level of security for the data that
you process. Further, you hereby agree to comply with any requests
which we may make to you regarding compliance with the General Data
Protection Regulation or requests which you may receive from data
subjects.
If
we find you are not in compliance with any of the requirements of this
subpart, we may terminate our relationship with you at our sole and
exclusive discretion.
16)
REVERSE ENGINEERING & SECURITY
You
agree not to undertake any of the following actions:
a)
Reverse engineer, or attempt to reverse engineer or disassemble any
code or software from or on any of our websites or services;
b)
Violate the security of any of our websites or services through any
unauthorized access, circumvention of encryption or other security
tools, data mining or interference to any host, user or network.
17)
DATA LOSS
The
Company does not accept responsibility for the security of your account
or content. You agree that your participation in the Affiliate Program
is at your own risk.
18)
INDEMNIFICATION
You
agree to defend and indemnify the Company and any of its agents (if
applicable) and hold us harmless against any and all legal claims and
demands, including reasonable attorney's fees, which may arise from or
relate to your use or misuse of the Affiliate Program, your breach of
this Agreement, or your conduct or actions. You agree that the Company
shall be able to select its own legal counsel and may participate in
its own defense, if the Company wishes.
19)
SPAM POLICY
You
are strictly prohibited from using the Affiliate Program for illegal
spam activities, including gathering email addresses and personal
information from others or sending any mass commercial emails.
20)
ENTIRE AGREEMENT
This
Agreement constitutes the entire understanding between the Parties with
respect to the Affiliate Program. This Agreement supersedes and
replaces all prior or contemporaneous agreements or understandings,
written or oral.
21)
SERVICE INTERRUPTIONS
The
Company may need to interrupt your access to the Affiliate Program to
perform maintenance or emergency services on a scheduled or unscheduled
basis. You agree that your access may be affected by unanticipated or
unscheduled downtime, for any reason, but that the Company shall have
no liability for any damage or loss caused as a result of such downtime.
22)
NO WARRANTIES
You
agree that your use of the Affiliate Program is at your sole and
exclusive risk and that any services provided by us are on an "As Is"
basis. The Company hereby expressly disclaims any and all express or
implied warranties of any kind, including, but not limited to the
implied warranty of fitness for a particular purpose and the implied
warranty of merchantability. The Company makes no warranties that the
Affiliate Program will meet your needs or that it will be
uninterrupted, error-free, or secure. The Company also makes no
warranties as to the reliability or accuracy of any information. You
agree that any damage that may occur to you, through your computer
system, or as a result of loss of your data from your use of the
Affiliate Program is your sole responsibility and that the Company is
not liable for any such damage or loss.
23)
LIMITATION ON LIABILITY
The
Company is not liable for any damages that may occur to you as a result
of your participation in the Affiliate Program, to the fullest extent
permitted by law. The maximum liability of the Company arising from or
relating to this Agreement is limited to one hundred ($100) US Dollars.
This section applies to any and all claims by you, including, but not
limited to, lost profits or revenues, consequential or punitive
damages, negligence, strict liability, fraud, or torts of any kind.
24)
GENERAL PROVISIONS:
A)
LANGUAGE: All communications made or notices given pursuant to this
Agreement shall be in the English language.
B)
JURISDICTION, VENUE & CHOICE OF LAW: Through your participation
in the Affiliate Program, you agree that California shall govern any
matter or dispute relating to or arising out of this Agreement, as well
as any dispute of any kind that may arise between you and the Company,
with the exception of its conflict of law provisions. In case any
litigation specifically permitted under this Agreement is initiated,
the Parties agree to submit to the personal jurisdiction of the state
and federal courts of the following county: Vejo, Inc., California. The
Parties agree that this choice of law, venue, and jurisdiction
provision is not permissive, but rather mandatory in nature. You hereby
waive the right to any objection of venue, including assertion of the
doctrine of forum non conveniens or similar doctrine.
C)
ARBITRATION: In case of a dispute between the Parties relating to or
arising out of this Agreement, the Parties shall first attempt to
resolve the dispute personally and in good faith. If these personal
resolution attempts fail, the Parties shall then submit the dispute to
binding arbitration. The arbitration shall be conducted in the
following county: Vejo, Inc. The arbitration shall be conducted by a
single arbitrator, and such arbitrator shall have no authority to add
Parties, vary the provisions of this Agreement, award punitive damages,
or certify a class. The arbitrator shall be bound by applicable and
governing Federal law as well as the law of California. Each Party
shall pay their own costs and fees. Claims necessitating arbitration
under this section include, but are not limited to: contract claims,
tort claims, claims based on Federal and state law, and claims based on
local laws, ordinances, statutes or regulations. Intellectual property
claims by the Company will not be subject to arbitration and may, as an
exception to this subpart, be litigated. The Parties, in agreement with
this subpart of this Agreement, waive any rights they may have to a
jury trial in regard to arbitral claims.
D)
ASSIGNMENT: This Agreement, or the rights granted hereunder, may not be
assigned, sold, leased or otherwise transferred in whole or part by
you. Should this Agreement, or the rights granted hereunder, by
assigned, sold, leased or otherwise transferred by the Company, the
rights and liabilities of the Company will bind and inure to any
assignees, administrators, successors, and executors.
E)
SEVERABILITY: If any part or subpart of this Agreement is held invalid
or unenforceable by a court of law or competent arbitrator, the
remaining parts and subparts will be enforced to the maximum extent
possible. In such condition, the remainder of this Agreement shall
continue in full force.
F)
NO WAIVER: In the event that we fail to enforce any provision of this
Agreement, this shall not constitute a waiver of any future enforcement
of that provision or of any other provision. Waiver of any part or
subpart of this Agreement will not constitute a waiver of any other
part or subpart.
G)
HEADINGS FOR CONVENIENCE ONLY: Headings of parts and subparts under
this Agreement are for convenience and organization, only. Headings
shall not affect the meaning of any provisions of this Agreement.
H)
FORCE MAJEURE: The Company is not liable for any failure to perform due
to causes beyond its reasonable control including, but not limited to,
acts of God, acts of civil authorities, acts of military authorities,
riots, embargoes, acts of nature and natural disasters, and other acts
which may be due to unforeseen circumstances.
I)
ELECTRONIC COMMUNICATIONS PERMITTED: Electronic communications are
permitted to both Parties under this Agreement, including email or fax.
For any questions or concerns, please email us at the following [removed]