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Welcome Davinci Virtual Office Solutions Affiliate!
Join our affiliate program and start earning money right away! Simply create your account, place your linking code into your website and watch your account balance grow as your visitors become our customers.
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Terms and Conditions
Davinci Virtual Office Solutions Affiliate Agreement ENTITY NAME: This Agreement contains the complete terms and conditions that apply to an individual's or entity's participation in the Davinci Virtual Affiliate Program (the "Program"). As used in this Agreement, "we" means Davinci Virtual, "you" means the applicant, and "services" means virtual communication solutions offered by Davinci Virtual. 1. ENROLLMENT IN THE PROGRAM To begin the enrollment process, you will submit a complete Program application. We will evaluate your application in good faith and will notify you of your acceptance or rejection. We may reject your application if we determine (in our sole discretion) that your site is unsuitable for the Program. Unsuitable sites include, but are not limited to, sites that: promote or contain or link to sexually explicit materials promote violence promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age promote illegal activities violate intellectual property rights or violate any local, state, federal or other law or regulation contain any libelous, defamatory or disparaging materials contain little or no original content 2. LINKING TO DAVINCIVIRTUAL.COM You may not alter product images, descriptions and pricing. We provide access to a link to our site. You must use approved methods by Davinci Virtual in order to meet the criteria in the operating agreement. If you would like to modify the links provided, you need prior written permission from Davinci Virtual. We will also provide additional linking methods, such as banners. You may not alter ad banners, logos or other content available without written permission from Davinci Virtual. 3. REFERRAL FEES Subject to the terms and conditions of this Agreement, you will be paid referral fees for each unique user referred from your site through the Davinci Virtual link on your site that successfully purchases services from Davinci Virtual. You will also be paid referral fees for each unique user we determine found us directly through you via word of mouth or other sources. If it is later determined by Davinci Virtual that the user is not a unique individual originally referred by you, Davinci Virtual retains the right to withhold payment. 4. FEE SCHEDULE & FEE PAYMENT Local Business Identity with set up fee Monthly Retail 95.00 Bounty: 50.00 one time Live Receptionist 50 with set up fee Monthly Retail 99.00 Bounty: 50.00 one time Live Receptionist 100 with set up fee Monthly Retail 149.00 Bounty: 75.00 one time Live Receptionist 250 with set up fee Monthly Retail 249.00 Bounty: 125.00 one time Live Receptionist 600 with set up fee Monthly Retail 499.00 Bounty: 200.00 one time Live Receptionist 1000 with set up fee Monthly Retail 999.00 Bounty: 300.00 one time Automated Attendant Monthly Retail 59.00 Bounty: 30.00 one time Subject to the terms and conditions of this Agreement, deals must survive initial 30days, roll for 2nd monthly payment and clear related credit card charges. Affiliate payments will be processed 45 days after sign up and paid quarterly based on calendar year. Any questions you have about the payments payable to you through this program should be directed to support@davincivirtual.com. 5. POLICIES AND PRICING Customers who purchase services with Davinci Virtual through this Program will be deemed to be customers of Davinci Virtual. Accordingly, all Davinci Virtual rules, policies and operating procedures concerning services will apply to those customers. We may change our policies and operating procedures at any time. For additional information regarding Davinci Virtuals terms of service, please see the terms at www.davincivirtual.com. 6. IDENTIFYING YOURSELF AS AN AFFILIATE We will make available to you a small graphic image that identifies your site as a Program participant. You may display this logo or the phrase "in association with DavinciVirtual.com" somewhere on your site. We may modify the text or graphical image of this notice from time to time. In addition, we encourage (but do not require) you to include a link to the Davinci Virtual home page at www.davincivirtual.com or any main product subpages. 7. LIMITED LICENSE We grant you a non-exclusive, non-transferable, non-sublicensable, revocable right to use the small graphic image and such other Davinci Virtual logos and text for which we grant express permission, solely for the purpose of identifying your site as a Program participant. You may not modify the image, the message, or any of our images or trademarks in any way. We reserve all of our rights in the image, the message, any other images, our trade names and trademarks, and all other intellectual property rights. Except as provided here you agree that you have no rights, title or interest in or to the image, the message or other images, trademark or tradenames provided to you by Davinci Virtual and all uses of such materials by you will inure to the benefit of Davinci Virtual. You agree not to apply for registration of any of the Davinci Virtual trademarks, servicemarks or tradenames (or any image similar there to) anywhere around the world. You agree that you will not engage, participate or otherwise become involved in any activity or course of action that diminishes and/or tarnishes the image and or reputation of Davinci Virtual or its trademarks. We may revoke your license at any time by giving you written notice. 8. RESPONSIBILITY FOR YOUR SITE You will be solely responsible for the development, operation, and maintenance of your site and for all materials that appear on your site. For example, you will be solely responsible for: the technical operation of your site and all related equipment creating and posting merchant descriptions on your site and linking those descriptions to our site the accuracy and appropriateness of materials posted on your site ensuring that materials posted on your site do not violate or infringe upon the rights of any third party (including, for example, copyrights, trademarks, privacy, or other personal or proprietary rights) ensuring that materials posted on your site are not libelous or otherwise illegal. We disclaim all liability for these matters. Further, you will indemnify, defend and hold us harmless from all claims, damages and expenses (including, without limitation, attorneys' fees) relating to the development, operation, maintenance, and contents of your site as well as any goods or services provided or made available by you. These obligations will survive any termination of this Agreement. You acknowledge and agree that your Web site information (name, URL, traffic counts, etc.) may be utilized by Davinci Virtual. Possible uses include (but are not limited to) lists of the busiest sites, lists of member sites, etc. You agree to allow Davinci Virtual to use screen shots of any of your Web pages that contain the Davinci Virtual HTML code in Davinci Virtual promotional materials. The information provided by Davinci Virtual to you may be proprietary in nature. You acknowledge that you are not a competitor of Davinci Virtual, and agree not to share this information with any of our competitors. Anyone found in violation of these terms and conditions is subject to being banned from Davinci Virtual. 9. TERMS OF THE AGREEMENTS The terms of this Agreement will begin upon our acceptance of your Program application and will end when terminated by either party. Either you or we may terminate this Agreement at any time, with or without cause, by giving the other party written or emailed notice of termination. You are only eligible to earn referral fees on domain name registrations occurring during the term of this Agreement only. We may withhold your final payment for a reasonable time to ensure that the correct amount is paid. Your site is subject to periodic review. If we determine at any point after acceptance into our Program that your site not suitable for the Program, we may unilaterally end the status of your site as an Affiliate. 10. MODIFICATION We may modify any of the terms and conditions contained in this Agreement, at any time and in our sole discretion, by posting a change notice or a new agreement on our site. Modifications may include, for example, changes in the scope of available referral fees, fee schedules, payment procedures, and Program rules. Your continued participation now, or within thirty (30) days following the posting notice of any changes in these terms and conditions, will constitute a binding acceptance by you of such rules, changes or modifications. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO TERMINATE THIS AGREEMENT. YOUR CONTINUED PARTICIPATION IN THE PROGRAM FOLLOWING OUR POSTING OF A CHANGE NOTICE OR NEW AGREEMENT ON OUR SITE WILL CONSTITUTE BINDING ACCEPTANCE OF THE CHANGE. 11. RELATIONSHIP OF PARTIES You and we are independent contractors and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. 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 otherwise, that reasonably would contradict anything in this Section. 12. LIMITATION OF LIABILITY WE WILL NOT BE LIABLE FOR INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES (OR ANY LOSS OF REVENUE, PROFITS, OR DATA) ARISING IN CONNECTION WITH THIS AGREEMENT OR THE PROGRAM OR THE SERVICES BY CUSTOMERS REFERRED TO US BY YOU, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, OUR AGGREGATE LIABILITY ARISING WITH RESPECT TO THIS AGREEMENT AND THE PROGRAM WILL NOT EXCEED THE TOTAL REFERRAL FEES PAID OR PAYABLE TO YOU UNDER TO THIS AGREEMENT. 13. DISCLAIMERS WE MAKE NO EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS WITH RESPECT TO THE PROGRAM OR ANY SERVICES MADE AVAILABLE THROUGH THE PROGRAM (INCLUDING, WITHOUT LIMITATION, WARRANTIES OF FITNESS, MERCHANTABILITY, NON-INFRINGEMENT OR ANY IMPLIED WARRANTIES ARISING OUT OF A COURSE OF PERFORMANCE, DEALING OR TRADE USAGE). IN ADDITION, WE MAKE NO REPRESENTATION THAT THE OPERATION OF OUR SITE OR THE AVAILABILITY OF OUR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, AND WE WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS. Further, you will indemnify, defend and hold us harmless from all claims, damages and expenses (including, without limitation, reasonable attorneys' fees) relating to any warranties or representations made by you with respect to the Program or any services made available through the Program or through the Davinci Virtual site. These obligations will survive any termination of this Agreement. 14. INDEPENDENT INVESTIGATION YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU UNDERSTAND THAT WE MAY AT ANY TIME (DIRECTLY OR INDIRECTLY) SOLICIT CUSTOMER REFERRALS ON TERMS THAT MAY DIFFER FROM THOSE CONTAINED IN THIS AGREEMENT OR OPERATE WEB SITES THAT ARE SIMILAR TO OR COMPETE WITH YOUR WEB SITE. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN THE PROGRAM AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT. 15. MISCELLANEOUS This Agreement will be governed by the laws of the United States and the State of Utah, without reference to rules governing choice of laws. Any action relating to this Agreement must be brought in the federal courts or state courts located in Salt Lake City, Utah, and you irrevocably consent to the jurisdiction of such courts. You may not assign this Agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and enforceable against the parties and their respective successors and assigns. Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement. Entity Information Official Business Name Legal First & Last Name Federal Tax ID or Social Business Phone Cell Phone Fax Number Email Address Physical Address City State Zip Country Entity Type 0 Individual 0 Partnership 0 Corporation 0 Sole Proprietorship 0 LLC 0 LLP 0 Foreign 0 Non-Profit 0 Other
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