Referral Program
BY USING THE REFERRAL PLATFORM (SHARE.VYTEN.COM), PARTICIPATING IN ANY REFERRAL PROGRAM ACTIVITIES, OR CLICKING ON “I AGREE” (OR A SIMILAR BOX OR BUTTON) WHEN YOU SUBMIT AN APPLICATION TO OUR PROGRAM, YOU ARE CONSENTING TO THIS REFERRAL PROGRAM AGREEMENT, WHICH ARE THE TERMS AND CONDITIONS OF OUR PROGRAM. You can review the current version of the Agreement at any time at vyten.com/legal/referral-program. Vyten reserves the right to update and change the Agreement by posting updates and changes here: vyten.com/legal/referral-program. If a significant change is made, we will provide reasonable notice by email, posting a notice on the Vyten Blog or in the Referral Dashboard. You are advised to check the Agreement from time to time for any updates or changes that may impact you. Any reference to the Agreement includes any and all terms and documents incorporated by reference.
This is a legal agreement between Vyten LLC (“We”, “Us” or “Company”) and you (“You”). This Referral Program Agreement (“Agreement”) contains the complete terms and conditions of Your relationship with the Company and, if applicable, Your participation in Our Referral Program (“the Program”).
- Enrollment
In order to enroll in the Program, You must complete an application form for each website or through which You desire to promote the products and services sold through the Program. You agree that any registration information provided to Us will always be accurate, correct and up to date and that the account will not be used for any illegal or unauthorized purpose.
Applications will be evaluated by Us, and We reserve the right to deny entrance into the Program to any applicant that is deemed unqualified for any reason, at Our sole and absolute discretion.
- Your Conduct
As a Referral Partner of the Company, we expect that you conduct yourself in a manner that is in line with the Company’s values, including but not limited to:
- Integrity and Honesty: You are expected to operate with the highest levels of integrity, ensuring that all communications, transactions, and representations are honest and transparent.
- Respect and Dignity: You must treat all individuals with respect and dignity, fostering a professional and inclusive environment.
- Compliance with Legal Standards: You must adhere to all applicable laws and regulations, ensuring that all activities are lawful and ethically sound.
- Environmental Responsibility: You are encouraged to consider the environmental impact of their actions and to support sustainable practices whenever possible.
You may not communicate or share any content or material that is abusive, vulgar, threatening, harassing, knowingly false, defamatory or obscene or otherwise in violation of any law or the rights of others. You may not use any predatory marketing or sales tactics.
The Company does not tolerate nor support discriminatory speech, hate speech, comments, or actions against others based on their sex, gender, age, ethnicity, race, socio-economic status, disability, or other labels, or any physical, or mental or emotional abuse.
In the event You or Your employees, representatives, agents, founders, members, owners, managers, directors, officers, successors or assigns, engage in, encourage, demonstrate or communicate statements, language, or actions that support race, gender, ethnicity, or disability inequality, discrimination, hate speech, or disrespect towards any individuals that are in under-represented or marginalized groups before, during or after the Program, the Company reserves the right to immediately terminate this Agreement.
You are strictly forbidden from the following:
- Harassing, fighting with, or being disrespectful to other participants in the Program, potential customers or leads, or Company customers
- Causing damage to any Company website or third-party forums operated by the Company
- Using any Company website or third-party forums operated by the Company for any unlawful, illegal, fraudulent or harmful purpose or activity
- Systematically or automatically collecting data from any Company website or third-party forums operated by the Company
- Using any Company website or private membership forum or third-party forums operated by Company, to take pictures and/or screenshots of comments, posts, pictures, materials or any other content posted and/or shared by Company and/ or Participants without receiving their advance permission
- Sharing any private and proprietary information, screen shots, comments, posts, pictures, materials or any other content posted and/or shared from other Program participants, potential customers or leads, or Company customers with the public or with anyone who is not a participant on or in any Company website, private membership or third-party forums
- Using exaggerated or untrue claims in any marketing related to the Program, bait and switch marketing tactics, high pressure sales tactics, reverse psychology, or other coercive strategies
We may also post separate rules regarding your behavior in any online community or forum, whether hosted on the Company’s website or a third-party website, which may be updated from time to time. You agree that you are bound by those rules and they are expressly incorporated into this Agreement.
If, in the Company’s sole discretion, your conduct violates these terms in any way, you agree that the Company may immediately and permanently terminate your participation in the Program.
- Term and Termination
The term of this Agreement (the "Term") will begin upon the date of our acceptance of your site in the Program, and will end when terminated as described in this paragraph. Either you or we may terminate this Agreement at any time, with or without cause, by giving the other written notice of termination, by U.S. Mail or e-mail to the last known address. Failure to comply with the terms of this Agreement may result in immediate cancellation of this Agreement by Us and forfeiture by Affiliate of any accrued, unpaid commissions. We will pay any pending commissions owed to You through the Termination Date, if a cancellation of this Agreement occurs for any reason other than Your violation of this Agreement.
Subject to the foregoing, You are only eligible to earn commissions on sales occurring during the Term, and commissions earned through the date of termination will remain payable only if the orders are not canceled. We may withhold final payment for a reasonable time to ensure against cancellations.
In the event either party terminates this Agreement, You agree to return all materials provided by Us.
We make no guarantee that You will be an Affiliate for any of our future launches, services, products, or programs.
- Promotion and Order Tracking
We will make available to you a referral link that will track purchases and allow you to be paid for customer referrals (the "Links" collectively, or "Link" individually) in order to link to Our website and any related sales pages or online marketplace.
When a prospective customer clicks on your Link, they will be directed to a webpage displaying your name and endorsement of the Company’s products or services. A referral is considered complete when the prospective customer submits their name, email address, and phone number through the form linked via your Link.
A referral is only deemed valid if the prospective customer is a new lead for the Company, meaning there is no existing record in the Company’s customer relationship management (“CRM”) system with the same email address. If the same email address is already present in the Company’s records, the referral will not be credited to You.
For tracking purposes, the referral is only tracked during the individual web browsing session in which the customer clicks on your Link. No cookies are used to track referrals beyond that specific browsing session.
You and We will cooperate in good faith to develop and implement such Links. Each Link will permit recipients to navigate directly to a page on Our website or related site, designated by us via a special tagged link format. You will be solely responsible for integrating the Links into your site to properly enable sales tracking, and we will not be responsible for your failure to do so, including to the extent such failure may result in any reductions of amounts that would otherwise be paid to you under this Agreement. Referral Fees are only payable if they can be tracked to you with your referral code.
You agree that You will not place any referral or affiliate link, coupon code, or other tracking device on any page or screen that contains content that: advocates discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age; promotes or engages in illegal activities, violates intellectual property rights of third parties; or contains or promotes deceptive information.
You agree that You are responsible for disclosing that the Links provided on Your website or marketed to potential customers by other means are affiliate links in accordance with Section 5 of the Federal Trade Commission Act.
- Referral Fees
We will pay You referral fees ("Referral Fees") in the amount outlined in the Referral Dashboard. A description of the current Referral Fees applicable is available at: vyten.com/partners/getting-started/how-to-earn. Company reserves the right to revise the Referral Fees applicable to the Referral Program, and any ongoing obligations to receive Referral Fees from time to time, at its sole discretion, upon reasonable prior notice to You. Such notice will be provided by email, posting a notice on the Vyten blog, or in the Referral Dashboard.
A referral qualifies for a Referral Fee if the prospective customer purchases the Company’s full-priced product or service within 90 days of submitting the referral form (“Qualifying Purchase”). The Company reserves the right, at its sole discretion, to qualify referrals outside of the 90-day period. Referral Fees will not be payable on sales otherwise made from Our site or related sites, even if the customer previously made a Qualifying Purchase.
You are not eligible for a Referral Fee if any of the following conditions apply:
- The prospective customer does not submit their information through your Link.
- The prospective customer already has a record in the Company’s CRM system with the same email address before submitting their information through your Link.
- The prospective customer has already previously been referred by another participant in the Referral Program.
- The prospective customer purchases products or services at a discounted rate, such as during a Summer Sale, Black Friday/Cyber Monday sale, New Year’s sale, or any other promotion or special offer.
- Payment Schedule
Referral Fees will be payable within sixty (60) days from the end of each calendar quarter in which payments are received and projects are delivered. A mobile app project is considered delivered when the app is published in the Apple App Store and Google Play Store. If during any quarter of the Term your referral fees do not exceed $100, then you will not receive payments or reports until following the next period during which your aggregate referrals fees equal or exceed said amount or until the termination of this agreement, whichever occurs earlier.
We pay referral partners and affiliates by default with a virtual gift card that you select in our Referral Platform. If your payment exceeds $600 USD, you may also opt to receive your reward via a PayPal or ACH account provided to us when you join. If the PayPal email or ACH account information changes, it is your responsibility to notify us in writing prior to any payment to ensure proper disbursement. We will not resend payments returned or failed due to incorrect, outdated, or incomplete payment details provided by you. We are not liable for any delays, losses, or additional fees incurred due to incorrect or outdated payment information, and that any fees associated with reissuing payments may be deducted from your referral fees.
We will provide reports of sales for which Referral Fees are payable with each payment.
We cannot and do not guarantee any financial results or business outcome from participating in the Program.
- Site Downtime.
Each party acknowledges that their respective sites may be subject to temporary downtime due to causes beyond their reasonable control subject to the specific terms of this Agreement, retains sole right and control over the programming, content and conduct of transactions over its respective site or service.
- Disclaimers.
EACH PARTY SPECIFICALLY DISCLAIMS ANY REPRESENTATION OR WARRANTY REGARDING (i) THE AMOUNT OF SALES THAT EACH PARTY MAY GENERATE DURING THE TERM, AND (ii) ANY ECONOMIC OR OTHER BENEFIT THAT THE OTHER PARTY MIGHT OBTAIN THROUGH ITS PARTICIPATION IN THIS AGREEMENT.
NEITHER PARTY WILL BE LIABLE TO THE OTHER FOR ANY INDIRECT, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR LOST DATA) ARISING OUT OF THIS AGREEMENT. OUR ENTIRE LIABILITY ARISING FROM THIS AGREEMENT WHETHER IN CONTRACT OR TORT, WILL NOT EXCEED THE AMOUNTS PAYABLE TO YOU HEREUNDER.
- Fulfillment and Customer Contact Policy
We will be solely responsible for fulfilling all orders and payment processing, and customers who buy products or services through the Referral Program will be deemed Our customers. Accordingly, all rules, policies, operating procedures and information concerning customer orders and sales will apply to those customers, including our rules of privacy and confidentiality. We may change our policies and operating procedures at any time, without notice. You may not contact any customer after a Qualifying Purchase to solicit additional sales or to add them to any email list used for marketing purposes.
- Launch Preparation and Marketing; Bonuses
You will create your own launch copy, graphics, and marketing plan, with Our advice and support. You agree to execute Your marketing plan during the launch period We identify.
We will provide You with launch graphics and images that you may use and modify in your own marketing efforts.
You agree to use the hashtag “#vyten” and tag @vyten.apps (Instagram) or @vyten (X, previously known as Twitter) in all social media posts on any platform related to the Program or including any Links.
You agree to reference the full name of the Program and Vyten in all e-mail newsletters, blog posts, or other longer-form content.
We will provide information regarding the content of the Program and past results; you agree to follow this information in crafting your own launch content.
You agree not to make any claims about the Program or results that are exaggerated or untrue, and to use any disclaimers We provide.
You agree that all information and training you receive from Us about our sales, marketing, and funnel, are subject to the Non-Disclosure and Confidentiality term in Paragraph 13.
- Intellectual Property Rights
We grant to You during the Term a non-exclusive, non-transferable, royalty-free license to establish hyperlinks between Your and Our websites, and to use Our trade names, logos, trademarks and service marks (“Our Marks") on your site and marketing efforts solely as is reasonably necessary to establish and promote such hyperlinks and to otherwise perform your obligations under this Agreement; provided, however, that any other promotional materials or usages containing any of Our Marks will be subject to Our prior written approval.
You hereby grant to Us during the Term, a non-exclusive, non-transferable, royalty-free license to establish hyperlinks between Your and Our Websites and to use Your trade names, logos, trademarks and service marks (the "Partner Marks") solely as is reasonably necessary to establish and promote such hyperlinks and to otherwise perform our obligations under this Agreement; provided, however, that any other promotional materials or usages containing any of the Partner Marks will be subject to your prior written approval.
Except as set forth above, You and We each reserve all right, title and interest in respective intellectual property rights (e.g., patents, copyrights, trade secrets, trademarks and other intellectual property rights). Use of the other's marks except as set forth herein is strictly prohibited.
- Indemnification
We agree to indemnify, defend and hold harmless You and Your affiliates, directors, officers, employees and agents, from and against any and all liability, claims, losses, damages, injuries or expenses (including reasonable attorney's fees) relating to the operation of Our site, a breach of Our obligations under this Agreement, or the violation of any third party intellectual property rights of editorial content or other materials provided by Us for display on Your site.
You agree to indemnify, defend and hold harmless Us and Our affiliates, directors, officers, employees and agents, from and against any and all liability, claims, losses, damages, injuries or expenses (including reasonable attorney's fees) relating to the operation of Your site, a breach of Your obligations under this Agreement, or the violation of any third party intellectual property rights of editorial content or other materials of Your site.
- Non-Disclosure and Confidentiality
In order to assist You in performing Your obligations under this Agreement, You will have access to some confidential information. For purposes of this Agreement, “Confidential Information” includes all information or material that has or could have commercial value or other utility in the business in which We are engaged, or to Our clients or their business, and which is not generally known to the public, including without limitation the Program, the content of Our products and services, and Our launch strategy. You agree to keep all Confidential Information strictly confidential and not to use or disclose this information to third parties or for the benefit of anyone other than Us, unless You first obtain written permission from Us permitting You to disclose such information.
The nondisclosure provisions of this Agreement shall survive the termination of this Agreement and Your duty to hold Confidential Information in confidence shall remain in effect until the Confidential Information no longer has or could have commercial value or other utility in the business in which We or Our clients are engaged, or until it becomes publicly known. You agree that any violation or threatened violation of this Non-Disclosure and Confidentiality term would cause irreparable injury to Us that may not be adequately compensated by damages, entitling Us to obtain injunctive relief, without bond, in addition to all legal remedies.
- Force Majeure
We shall not be deemed in breach of this Agreement if We are unable to provide all of the Program or any portion thereof by reason of fire, earthquake, labor dispute, act of God or public enemy, epidemic, pandemic, death, illness or incapacity of Us or any local, state, federal, national or international law, governmental order or regulation or any other event beyond Our control (collectively, “Force Majeure Event”). Upon occurrence of any Force Majeure Event, We shall give notice to You of Our inability to perform or of delay in completing the Program and shall propose revisions to the schedule for completion of the Program or other accommodations, or may terminate this Agreement.
- General Provisions
You and We are entering this Agreement as independent contractors, and nothing will be construed to create a partnership, agency, joint venture or employment relationship between You and Us.
In its performance of this Agreement and in the operation of each party's respective Websites, You and We each will comply with all applicable laws, regulations, orders and other requirements, now or hereafter in effect, of governmental authorities having jurisdiction. Without limiting the generality of the foregoing, You and We each will pay, collect and remit such taxes as may be imposed with respect to any compensation, royalties or transactions under this Agreement.
This Agreement will be governed by the laws of Deleware. You agree to submit to the jurisdiction and venue of the state and federal courts in or nearest to Deleware, and waive any defense of lack of personal jurisdiction or forum non conveniens. This Agreement may only be modified by agreement of both parties in writing. If any provision of this Agreement is held invalid or unenforceable, the remainder of this Agreement will remain in full force and the invalid or unenforceable provision will be replaced by a valid or enforceable provision. The prevailing party in any dispute between the parties arising out of or related to this agreement, whether resolved by negotiation, mediation, or litigation, shall be entitled to recover its attorneys’ fees and costs from the other party.
This is the entire agreement of the parties, and reflects a complete understanding of the parties with respect to the subject matter. This agreement supersedes all prior written and oral representations.
By clicking on the box, You assert that You have read, understood and agreed to all of the terms and conditions of this Agreement, You have independently evaluated this program and are not relying on any representation, guarantee or statement other than as set forth in this Agreement.
Updated on August 15, 2024