Sam Vander Wielen LLC + samvanderwielen.com Affiliate Agreement
Please read this Agreement in its entirety so you understand how our Affiliate Program works. By participating in, or in any way associating with, the Affiliate Program you hereby understand and agree to the following:
1. Sam Vander Wielen LLC Affiliate Program Description
This Agreement describes the terms and conditions for participation in the Sam Vander Wielen LLC affiliate program (the “Program”). The Program is meant to help existing customers spread the word about our DIY legal templates, etc and earn a commission for their referrals.
2. Changes to this Agreement
We may modify any of the terms and conditions within this Agreement at any time and at our sole discretion. These modifications may include, but are not limited to, changes in the scope of available referral fees, fee schedules, payment procedures and Program rules. If any of the modifications are unacceptable for you, you may terminate this Agreement by e-mailing [email protected]. Continued participation in the Program will be considered your acceptance of any and all change(s) to this Agreement.
3. Becoming an Affiliate (Enrollment)
To enroll in the Program, you must submit an affiliate application and be approved in our system. As soon as the application is processed, you will be notified by email of your application status as soon as possible after your information is reviewed.
4. Your Affiliate URL (Unique Link)
You will be issued a unique URL (your “Affiliate link”) once you become an approved Affiliate of the Program. Your Affiliate Link will be unique to you and you only, and will allow you to be paid for affiliate referrals.
5. Affiliate Commission
As an Affiliate, you’ll receive 5% of the revenue as a commission from orders placed and paid for within 60 days through your (properly coded) Affiliate link. If commission rates are ever increased at any time (for example, for a special promotion or sale), your commission will default back to 5% after that promotion has ended.
For a sale to generate a commission for an Affiliate, the customer must pay in full. The customer must complete [HIS/HER/THEIR] order and remit full payment for the Ultimate Bundle™ or DIY legal templates ordered through samvanderwielen.com.
Word-of-mouth referrals will not result in an affiliate commission being generated. Commissions will only be paid on sales that are made when the customer clicks through qualified, correctly structured Affiliate Links within 60 days. Properly coded links, and distribution thereof, are the sole responsibility of the affiliate.
We pay affiliates via PayPal provided to us when a member joins. If the PayPal email changes, it’s the Affiliate’s responsibility to notify us to ensure that the Affiliate’s PayPal email address is updated in our system so proper commission payments may be made. We will not resend payments returned due to incorrect payment email addresses.
7. Order Fulfillment
We are solely responsible for processing every order placed by a customer via affiliate links. Affiliates are not authorized to collect payments or sell Sam Vander Wielen LLC’s Legal Templates from other websites as a “reseller” and no “resale” rights are granted in ANY way.
Affiliates are not authorized to sell any of our products, services, or programs on other sites or on social media. Affiliates are not authorized to give away copies of any of our products, services, or programs. We will also be solely responsible for all customer service inquiries.
[If you sell digital download products, use: All affiliates understand and acknowledge that no physical products will be shipped.]
Customers who purchase products and services through the Affiliate Program will be deemed to be customers of Sam Vander Wielen LLC. The customer’s personal information, including email address, are not permitted to be used by Affiliates in any way.
8. Affiliate Code of Conduct
Sam Vander Wielen LLC will not accept an Affiliate application or continue to work with an Affiliate whose website or company:
- Promotes sexually explicit or inappropriate materials.
- Promotes or incites violence.
- Promotes or engages in discrimination based on race, color, religion or creed, National origin or ancestry, sex, gender, sexual orientation, age, physical or mental disability, veteran status.
- Promotes illegal acts.
- Lists coupon codes or discounts that are NOT officially provided to them by the Company. You may NOT promote coupon codes you may have found elsewhere online. Doing so can result in the termination of your affiliate account and withholding of affiliate payments for violating our affiliate agreement.
- Infringes or otherwise violates any copyright, trademark, or other intellectual property rights of any other site, company, or person.
Engagement in, or violation of, any of the terms herein may result in the Affiliate’s immediate termination from the Program.
9. Permitted Usage of Branding
The following are permitted uses of the Company’s brand and marketing images and resources:
- Affiliates are permitted to use: Logos, swipe copy, images and other files as provided in the affiliate center.
Other than the permitted uses listed in this section, Affiliates are not permitted to use Sam Vander Wielen LLC’s logo, marks, taglines, branding, or imagery in any other way, in any medium both online or in-person. If you have any questions as to whether you can use our branding in any way, please email [email protected].
10. Sam Vander Wielen LLC Anti-Spam Policy + Termination Policy
We strictly prohibit Affiliates from using spam e-mail and other forms of online abuse (including spamming forums, blogs, Twitter, Facebook and other social media outlets) to seek sales. Spam includes, but is not limited to, the following:
- E-mail messages addressed to a recipient with whom the sender does not have an existing business or personal relationship or is not sent at the request of, or with the express consent of, the recipient through an opt-in subscription;
- Messages posted to social media groups, websites, Twitter, Facebook and message boards that are off-topic (unrelated to the topic of discussion), cross-posted to unrelated newsgroups, posted in excessive volume, or posted against forum/message board rules. Please be conscious of forum/group rules. If a forum owner or group moderator complains that an affiliate has violated the group’s rules, the Affiliate’s account may be permanently terminated after our investigation.
- Certain offline activities that, while not considered Spam, are similar in nature, including distributing any materials on private property or where prohibited by applicable laws, regulations, and/or rules.
If an Affiliate violates any term in this Agreement, the Company may undertake, at its sole discretion, and with or without prior written notice to the Affiliate, the following enforcement action:
- Account/Affiliate Termination: Upon the receipt of a credible complaint, we may investigate the complaint, and if necessary, will then terminate the affiliate account of the individual implicated in the abuse. Termination results in the immediate closure of the member and affiliate account, the loss of all referrals, and the forfeiture of any unpaid money on account.
If you wish to report a violation of our Anti-Spam Policy, please forward all relevant evidence to our customer service department at [email protected].
11. INDEPENDENT CONTRACTOR – Relationship of Parties
Affiliates are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the Affiliate and the Company. Affiliates have no authority to make or accept any offers or representations on the Company’s behalf. Affiliates will not make any statement, whether on their sites, social media accounts, or otherwise, that reasonably would contradict this statement or imply otherwise.
12. Term and Termination
The term of this Agreement will begin when your application is accepted and you sign and return this Agreement. It will end when terminated by either party. Either Sam Vander Wielen LLC or the Affiliate may terminate this Agreement at any time, with or without cause. Upon termination of this Agreement for any reason and/or by either party, all licenses granted hereunder shall immediately terminate and you will immediately cease use of, and remove from Affiliate’s Web Site, all links to the Sam Vander Wielen LLC websites, and all Sam Vander Wielen LLC trademarks and logos, other Sam Vander Wielen LLC marks and all other materials provided in connection with the Program.
13. Limitation of Liability
Sam Vander Wielen LLC is not responsible or liable in any way for any and all damages you receive directly or indirectly from your participation in the Program. We do not assume liability for damages, injuries, harm, death, loss of profits (or failure to generate profits), misuse of (or failure to properly use) information or documents, due to any act, or failure to act, by you. IN NO EVENT SHALL WE BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES.
We make no express or implied warranties or representations with respect to the Affiliate Program or the Affiliate’s potential to earn any monies or income from the Program. In addition, we make no representation that the operation of the websites or the Affiliate links will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors at any time. We further make no representation that our legal templates will be provided for any period of time or that this Program will continue for any duration, either.
The provisions of this Agreement are severable, and the invalidity or unenforceability of any provision shall not affect the validity and enforceability of any other provision herein. If any paragraph, section, subsection, sentence, or clause of this Agreement is rendered illegal, invalid, or unenforceable, such illegality, invalidity, or unenforceability shall have no effect on the Agreement as a whole or on any other paragraph, section, subsection, sentence, or clause herein.
16. Entire Agreement
This Agreement contains the entire agreement between the Parties. There are no other promises or conditions in any other agreement (oral or written) between the Parties.
17. Applicable Law + Venue
This Agreement shall be governed by the laws of the state of New York. Any action brought by any party arising out of or from these Terms shall be brought within the New York, County of Suffolk.