What this rewards agreement covers
This Agreement (the “Rewards Agreement”) is made between Vigeosoft USA Corp. a registered company in the state of Florida, in the United States of America under the Document Number of Corporation P14000027297 and the party entering into this Agreement, the details of which have been provided to Vigeosoft USA Corp. electronically as a necessary part of the process of accepting this Agreement (the “Affiliate”).
- 1. Agreed Terms
- 2. Obligations
- 3. Rights
- 4. Charges and Payment
- 5. Limitation of Vigeosoft USA Corp liability
- 6. Duration and Termination
- 7. General Clauses
- 8. Contact Information
- 9. Applicable law and jurisdiction
1. Agreed Terms
Affiliate: Who have an active subscription to any of the Vigeowebsite Plans.
Affiliate Website: Any website owned or operated by the Affiliate.
Affiliate Web Link Pages: Any web pages of the Affiliate Website that features a Tracked Hyperlink.
Reference Code: A unique identifying code that is particular to the Affiliate, which Vigeosoft USA Corp. Users may input at the time that they purchase.
Tracked Hyperlink: A hyperlink that enables, by way of cookies or otherwise, Vigeosoft USA Corp. to identify individual users that have accessed the Vigeowebsite Website by way of that particular hyperlink.
Transaction: A purchase of any Vigeowebsite Plan offered for sale on Vigeowebsite Website by a Vigeowebsite User who has (a) clicked through directly to Vigeowebsite Website from the Affiliate Web Link Pages where that purchase is completed during a single browser session, or (b) provided the Reference Code at the time that it makes that purchase.
Vigeowebsite User: A user who has clicked through to the Vigeowebsite Website from the Affiliate Web Link Pages, or a user that has provided a Reference Code.
Vigeowebsite Website: Vigeowebsite website at any time and from time to time, at www.vigeowebsite.com and including all databases, software, domain names, infrastructure, products and services that Vigeosoft USA Corp. markets for use by individual users to shop for Vigeosoft USA Corp.'s products and services. Vigeowebsite Website includes all future versions and replacements of, and successors to, the site.
Vigeowebsite Service: A subscription service provided by Vigeosoft USA Corp.
2.1. Vigeosoft USA Corp.
2.1.1. Vigeosoft USA Corp. can provide the Affiliate with:
(i) One or more cookies (or similar Internet tracking software packages) to allow you to create tracked hyperlinks.
(ii) A Reference Code to provide potential buyers of Vigeowebsite Service and other products and services of Vigeosoft USA Corp.
2.1.2. After activating your affiliate account, we will place a banner at the end of your website so your visitors can click on it. When a visitor clicks our banner on your site they will be taken to we site and a cookie saved on their computer. If the visitor then places an order with the cookie present (it lasts for 3 months ) you will earn a commission, saving them from having to click your affiliate's unique link every time. f your affiliate cookie was later cleared or blocked from the user's computer, you would not receive commission for subsequent referrals. They would need to click your unique referral link again.
2.1.3. You have live stats/info for affiliates from your Client Area. These statistics are in real time and update instanly.
2.2.1. The Rewards Program is exclusively aimed at our customers who have an active subscription to any of our Vigeowebsite Plans. To participate in the Rewards Program our customers must first activate their affiliate account. Activation of the affiliate account is voluntary and free.
2.2.2. A cookie gets set when a customer is referred to via an affiliate. It simply stores the ID of the affiliate that referred them, so that if an order is placed within the next 90 days following the referral, the affiliate gets credited for it. It is a persistent cookie. If you intend to Active Affiliate Account then you must inform your customers about the cookie that is used for tracking purposes.
2.2.3. The Affiliate will be responsible for developing, operating and maintaining the Affiliate's website and all the materials that appear in it. In particular, but without limiting the generality of the foregoing, the Affiliate will be responsible for:
(i) The correct operation and maintenance of all traceable hyperlinks
(ii) Compliance with the Trademark Guidelines of Vigeosoft USA Corp.
2.2.4. The Affiliate must provide Vigeosoft USA Corp. with:
(i) All cooperation in relation to this agreement.
(ii) All access to the information that Vigeosoft USA Corp. requires, as necessary for the proper performance of the obligations of Vigeosoft USA Corp. under this agreement.
2.2.5. Affiliate acknowledges and agrees that it has no authority to legally bind Vigeosoft USA Corp. in relation to users of Vigeowebsite, other users or any other person who has not been designated and is not the agent of Vigeosoft USA Corp. for any purpose . The Affiliate agrees that it will not make any representation or commitment to Vigeosoft USA Corp., the Vigeosoft USA Corp. website, the Vigeowebsite Service or any of the products or services available for purchase on the Vigeosoft USA Corp. website. and Vigeowebsite.
2.2.6. The Affiliate must comply with all applicable laws and regulations with respect to its activities under this agreement and to its business.
2.3.1. Each party agrees that at no time during this agreement, and for a period of three years after the termination of this agreement, will it disclose to any person confidential information related to the business, affairs, customers, customers or suppliers of the other party. or of any member of the group of companies to which the other party belongs.
2.3.2. Each party may disclose the confidential information of the other party:
(i) To its employees, officers, representatives or advisors who need to know such information for the purpose of exercising the rights of the party or compliance with its obligations under or in relation to this agreement. Each party shall ensure that its employees, officers, representatives or advisors to whom the confidential information of the other party discloses comply with this clause 2.3.
(ii) As required by law, a court of competent jurisdiction or any governmental or regulatory authority.
2.3.3. Neither party shall use the confidential information of any other party for any other purpose than to exercise its rights and to fulfill its obligations under this contract or in relation to it.
2.3.4. Neither party will be responsible for the loss, destruction, alteration or disclosure of confidential information caused by a third party.
2.3.5. This clause 2.3 will survive the termination of this agreement, however arising.
The Affiliate acknowledges and agrees that Vigeosoft USA Corp. and its licensors own all intellectual property rights in Vigeosoft USA Corp. Website, in Vigeowebsite Service and all products and services of Vigeosoft USA Corp. Except as expressly stated herein, this agreement does not grant the Affiliate any rights to, or in, patents, copyrights, database rights, trade secrets, trade names, trade marks (whether registered or unregistered), or any other rights or licences belonging to Vigeosoft USA Corp. All such rights are reserved to Vigeosoft USA Corp.
3.2. Third Party
A person who is not a party to this agreement shall not have any rights to enforce any term of this agreement.
3.3. Provided by law
The rights and remedies provided under this agreement are in addition to, and not exclusive of, any rights or remedies provided by law.
4. Charges and Payment
4.1. The rewards are converted into credits to your Vigeowebsite account which you can then use as part of the payment for your products/services with us.
4.2. You get one time commission fixed money of $25.00 for each new customer you refer to us.
4.3. The commission for the referred client is immediately recorded in your Commissions Pending Maturation, but will have a payment delay of 30 days. This maturation period is to ensure that the client you refer contracts the service for at least one month and you can receive your commission. If the customer referred by you cancels your account with us before 30 days, the commission is void and therefore you will not receive it.
4.4. Commissions that reach the maturity period of 30 days will automatically add to your Available Commissions Balance. If your Available Commissions Balance is greater than or equal to $25.00 when you wish you can make a Request Reward so that we can add your Available Commissions Balance to your credit with us. All Affiliates Reward Requests Successful are added to Total Amount Rewarded so you can see the total amount in credits you have received for the Rewards Program.
4.5. Any credit on your client account is automatically applied to the invoice as soon as it is generated. When we issue you an invoice, our automated system first looks at whether you have any credit available with us. If you have a credit in your Vigeowebsite account, the credit will be used to pay the bill in whole or in part depending on the credit balance you have. If the credit is not sufficient to cover the full amount of the invoice, the remaining amount will be charged using the method of payment you have registered with us.
5. Limitation of Vigeosoft USA Corp liability
Except as expressly and specifically provided in this agreement, all warranties, representations, conditions and all other terms of any kind whatsoever implied by statute or common law are, to the fullest extent permitted by applicable law, excluded from this agreement. Nothing in this agreement excludes the liability of Vigeosoft USA Corp. for fraud or fraudulent misrepresentation.
5.1. Vigeosoft USA Corp. will not be liable either for tort (including negligence or breach of legal duty), contract, misrepresentation (whether innocent or negligent), restitution or any other loss of profits, loss of business, exhaustion of goodwill and/or similar losses or losses or corruption of data or information, or pure economic loss, or for any cost of loss, damage, charge or special, indirect or consequential expense derived from this agreement.
5.2. The total aggregate liability of Vigeosoft USA Corp. in contract, non-contractual liability (including negligence or breach of legal obligations), misrepresentation (whether innocent or negligent), restitution or otherwise, arising in connection with performance or compliance contemplated by this agreement shall be limited to the amount paid how credit under this agreement by Vigeosoft USA Corp. to the Affiliate during the 12 months prior to the date on which the claim arose.
6. Duration and Termination
This agreement will begin on the Effective Date and will continue thereafter unless terminated in another manner as provided in this clause 6. Your affiliation to our Rewards Program is only valid for the duration of your subscription to any of our Vigeowebsite Plans.
6.2.1. Vigeosoft USA Corp. may terminate this Agreement on notice at any time if it discontinues or withdraws, in whole or in part, its Rewards Program. Vigeosoft USA Corp. will endeavour to give Affiliate as much notice of the same as reasonably practicable, but any such termination will be without liability to Affiliate.
6.2.2. Without prejudice to other rights or remedies to which the parties may be entitled, either party may terminate this agreement without liability to the other party if:
(i) The other party commits a substantial breach of any term of this agreement whose breach is irremediable or (if such breach is remedied) does not remedy that breach within a period of 30 days after being notified in writing to do so.
(ii) The other party suspends, or threatens to suspend, the payment of their debts or can not pay their debts as they expire or admits inability to pay their debts.
(iii) The other party suspends or ceases, or threatens to suspend or cease, the performance of all or a substantial part of its business.
6.2.3. Please note that when you withdraw from our Rewards Program or are suspended from it at the time you end your subscription with us, in any of these cases, any credit you have in your account, as well as any commission pending maturity or available, they will remain without effect and you will not be able to exercise any claim on those amounts.
6.2.4. Vigeosoft USA Corp. reserves the right to suspend the Rewards Program at any time and without prior notice. Under these circumstances, our customers who have an active subscription to any of our Vigeowebsite Plans and who still have credits in their Vigeowebsite Account or who also have pending or available commissions earned prior to the date of suspension of the program, may receive discounts associated with these credits and commissions according to the same previous conditions and only until the balances of those credits and commissions are consumed completely.
6.3. Other reasons for termination
Neither party will breach this agreement nor be liable for any delay in performance or failure to comply with any of its obligations under this agreement if such delay or failure is due to events, circumstances or causes beyond its reasonable control. In such circumstances, the affected party shall have the right to a reasonable extension of time to fulfill such obligations. If the period of delay or non-compliance continues for six months, the unaffected party may terminate this agreement by 30 days written notice to the affected party.
6.4. Consequences of Termination
Upon termination of this agreement for any reason:
(i) All benefits granted under this agreement will be terminated immediately (including any right of the Affiliate to use any trademark or registered trademark of Vigeosoft USA Corp.).
(ii) Each party must return and make no other use of any equipment, property, materials and other elements (and all copies thereof) that belong to the other party.
(iii) The accumulated rights of the parties upon termination, or the continuation after the termination of any provision expressly established to survive or survive implicitly upon termination, shall not be affected or impaired.
7. General Clauses
7.1. If faults or delays occur by a party in the exercise of any of its rights under these Agreement, in no case shall it be considered a waiver of that right.
7.2. The Affiliate will indemnify Vigeosoft USA Corp. against all liabilities, costs, expenses, damages and losses (including, among others, direct, indirect or consequential losses, loss of profits, loss of reputation and all interests, penalties and legal costs (calculated on a compensation basis) and all other costs and professional expenses) suffered or incurred by Vigeosoft USA Corp. arising out of or in connection with the Affiliate website or the marketing or sale of products or services on that website.
7.3. Each party agrees that it will have no remedies with respect to any statement, representation, warranty or guarantee (whether made innocently or by negligence) that is not established in this agreement. Each party agrees that it will have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this agreement. Each party agrees that the only rights and remedies available that arise from or in connection with a Representation will be for breach of contract as expressly provided in this agreement. Nothing in this clause will limit or exclude any liability for fraud.
7.4. Vigeosoft USA Corp may at any time assign, transfer, mortgage, collect, sub-contract, declare a trust or otherwise negotiate with any or all of your rights or obligations under this agreement. The Affiliate will not assign, transfer, mortgage, collect, subcontract, declare a trust or otherwise treat any or all of its rights or obligations under this agreement without the prior written consent of Vigeosoft USA Corp.
7.5. Nothing in this agreement is intended to, or shall be deemed to, establish any partnership or joint venture between any of the parties, constitute any party the agent of another party, nor authorise any party to make or enter into any commitments for or on behalf of any other party.
7.6. No variation of this agreement shall be effective unless it is in writing and signed by the parties (or their authorised representatives).
7.7. Each of the paragraphs that make up these Agreement works and applies separately. If for any reason a court or relevant authority decides that any of them is illegal or unenforceable, the remaining paragraphs will remain as they are in full force and effect.
8. Contact Information
Any notice or other communication given to a party under or in connection with this agreement will be sent by email to the regular general communications email address of the other party. The regular general communications email address refers to:
(i) Affiliate: The email that the Affiliate has registered with us and is currently in use in your Vigeowebsite Account.
(ii) Vigeosoft USA Corp.: The Affiliate must send all notifications and communications to firstname.lastname@example.org
9. Applicable law and jurisdiction
Each party irrevocably agrees that the laws of the state of Florida, in the United States of America, shall govern this agreement. Any disputes arising out of this agreement shall be subject to the jurisdiction of the state and federal courts located in or near Miami-Dade County, Florida.
Last Updated: May 24, 2018