Our affiliates are very important to us. We do our best to treat you with the fairness and respect you deserve. We simply ask the same consideration of you. Our program agreement is written with you in mind, as well as to protect our company’s good name. If you have any questions, please don’t hesitate to let us know. We are firm believers in the “Golden Rule” and straightforward/honest communication.
- Do not apply if your website promotes sexually explicit materials, violence, discrimination, and/or illegal activities.
- We do not work with distributors of downloadable software, toolbars, browsers helper objects, shopping assistance applications etc.
- You must comply with FTC’s Endorsement Guidelines.
- Regretfully, we currently do not accept affiliates from AR, CT, MN, MO, KS, ME, GA, NC, RI, VT
- Publishers may only use coupons and promotional codes that are provided exclusively through the affiliate program.
- Pseudo-couponing is prohibited.
- Fraud will be policed and penalized.
- Spamming is prohibited.
- Paid search campaigns containing our trademarks are prohibited.
- Cybersquatting and typosqatting are prohibited.
PLEASE READ THE ENTIRE AGREEMENT. THIS IS A LEGAL AGREEMENT BETWEEN YOU AND VMINNOVATIONS.COM
By submitting the online application you are agreeing that you have read and understand the terms and conditions of this agreement and that you agree to be legally responsible for each and every tem and condition.
- Pool & Spa Supplies - 10% Commission
- Home & Garden - 10% Commission
- Sports & Outdoors - 10% Commission
- Baby & Kids - 10% Commission
- Consumer Electronics - 7% Commission
- Car Electronics - 5% Commission
- Daily Steals / Weekly Email Deals - 3% Commission
- Everything Else 8% Commission
Please note commission for coupon & loyalty only websites may be limited to 2%. Commissions for these types of sales is reduced to control our costs and better incent affiliates who add more significant value to our customer’s buying process.
Program Terms Overview:
Search Campaigns- Keywords that affiliates are prohibited from bidding on for search marketing campaigns:
A. VMInnovations and VMInnovations.com and other variations/misspellings of our trademark must be added as negative keywords to broad match campaigns. Affiliate shall not bid on any word, keyword or term in Pay-Per-Click Search Engines that contains VMInnovations’ registered or unregistered trademarks or any word, keyword or term that is likely to cause confusion regarding your affiliation with VMInnovations. Affiliate may not bid on any variation of VMInnovations’ registered or unregistered trademarks on any search engine at any time including but not limited to: vminnovations, vm innovations, vminnovations.com, vminnovation, vminovations, html://www.vminnovations.com, v&m innovations, vm innovation, vm inovations, LapkoSoft, Lapko Soft etc.
B. Affiliate shall not bid on any of VMInnovations’ competitors’ trademark terms in conjunction with the program. Affiliates must not engage in marketing practices which are illegal or violate the rights of any third party. You agree to not use any form of unethical search engine optimization techniques, including, but not limited to: redirects going from a search engine results page directly to VMInnovations.com versus your site’s landing page, keyword stuffing, spamming, cloaking, hidden text or hidden links.
C. Affiliate shall not bid on any VMInnovations trademarks in conjunction with the following keyword strings or variations of the keyword strings: “promotion”, “promo”, “coupons”, “coupon”, “auctions”, “shopping”,”sale”,”percent (%) off”, “shop”, “websites”, “website”, “web”, “sites”, “site”, “promotional”, “online”, “code”, “codes”, “offer”, “offers”, “discount”, “discounts”, “deal” and “deals”, “referral codes”.
Recommended PPC Keywords will be provided per request for each product category. Authorized Search Engines include Google, Yahoo, Bing, ASK. Also please note that direct linking is NOT allowed.
Limited Use SEM Display URL content – Affiliate should display their own URL & may not place VMInnovations keywords in the subdomain (e.g. yourwebsite.vminnovations.com or vminnovations.yourwebsite.com) including social networking sites like Facebook, MySpace, and Twitter etc.
Prohibited Web Site Domain Keywords: Top level domain name must not use any “fat-finger” or “typosquatting” domain names that redirect internet traffic to affiliate's website or the destination site without VMInnovation’s prior written approval.
Unacceptable Web Sites: web sites that promote illegal activities, violence, sexually explicit materials, gambling, any offensive content or extreme religious or political content websites are not accepted.
Coupons and Promotional Codes
Affiliates may only use coupons and promotional codes that are provided exclusively through the affiliate program. For our company to offer and pay out the maximum commission possible to our valued affiliates, we will only pay commissions on Coupon Codes that are supplied to affiliates through ShareASale. If any affiliate is in violation of this policy, we will reverse any commissions earned on these sales in question.
Questionable practices to get clicks such as asking visitors to click to reveal a coupon code and having that click reveal the code and redirecting the traffic to our website is not acceptable. Pseudo-couponing and/or asking visitors to click for coupons when there is no coupon are also against this agreement.
- Coupon code supplied in VMInnovations’ customer emails
- Promo code from print advertisement or Social Media websites.
- Affiliates may not place VInnovations trademarked keywords in the sub-folder of sites they don't own, example Youtube
- Any coupon that states on its landing page that it is “not compatible with the affiliate program”
Terms & Conditions:
Rights and Obligations
VMInnovations reserves the right, at any time to review your placement and approve the use of your links and require that you change the placement or use to comply with the guidelines provided to you.
It is entirely your responsibility to follow all applicable intellectual property and other laws that pertain to your site. You must have expressed permission to use any person’s copyrighted material, whether it be a writing, an image, or another copyrightable work. We will not be responsible if you use another person’s copyrighted material or other intellectual property in violation of the law or any third party rights.
Please note that you may not:
- Employ, use or place any web browser add-ons, toolbars on your website.
- Engage in any relationships with ISPs and/or mobile carriers that results in the delivery of URL error trafficking
- Without the prior written approval of VMInnovations.com, use our name/trademark in an advertisement that is not provided by VMInnovations.com in any way that might suggest or mislead a visitor to your website into believing that VMInnovations.com is the sponsor of that advertisement
- Employ, use, or receive any direct or indirect benefit from “cookie stuffing” methods.
Either you or we may end this agreement AT ANY TIME, with or without cause, by giving the other party written notice. Written notice can be in the form of mail, email or fax. In addition, this Agreement will terminate immediately, with or without written notice, upon any breach of this agreement by you.
We may modify any of the terms and conditions in this Agreement at any time at our sole discretion. In such event, you will be notified by email. Modifications may include, but are not limited to, changes in the payment procedures and VMinnovation’.com’s Affiliate Program rules. If any modification is unacceptable to you, your only option is to end this Agreement. Your continued participation in VMInnovation.com’s affiliate Program following the posting of the change notice or new Agreement on our site will indicate your agreement to the changes.
VMInnovation.com uses a third party to handle all of the tracking and payment. The third party is www.shareasale.com affiliate network. Please review ShareASale's payment terms and conditions.
You are free to promote your own web site, but naturally any promotion that mentions VMInnovations.com could be perceived by the public or the press as joint effort. You should know that certain forms of advertising are always prohibited by VMInnovations.com. Iframing of affiliate links or framing pages is prohibited. Promoting products via 3rd party services against 3rd parties terms and services is prohibited. “Spamming” is unacceptable to us. Other generally prohibited forms of advertising include the use of unsolicited commercial email, forum/newsgroup “spamming”. You may use mailings to customers to promote VMInnovations.com so long as the recipient is already a customer or subscriber of your services or web site, and recipients have the option to remove themselves from future mailings. At all times you must clearly represent yourself and your web sites as independent from VMInnovations.com. If it comes to our attention that you are spamming, we will consider that cause for immediate termination of this Agreement. Any pending balances owed to you will not be paid if your account is terminated due to such unacceptable advertising or solicitation. Upon termination of this Agreement, for any reason, you shall immediately stop using, displaying or otherwise maintaining any interest in VMInnovations content. This includes all trademarks, logos, banners, buttons, digital images, graphics, text and other content and material which we may, in our sole discretion, make available to you in conjunction with this affiliate program.
Compliance with Federal Trade Commission Guidelines
We strongly advise affiliates to stay compliant with the Federal Trade Commission (FTC) guidelines on testimonials and endorsements. All endorsements, reviews, testimonials on vminnovations.com’s products and services, as well as relationships between other types of content websites (forums, blogs, microblogs and other Social Media channels) and VMInnovations must be clearly disclosed in a separate policy on the affiliate sites. FTC points out that “when there exists a connection between the endorser and the seller of the advertised product” it is imperative that such connection is “fully disclosed”. FTC deems the relationship in an endorser-sponsor light, and believes that the end user has the right to understand that one exists [full text here]. We share the undergirding idea of this approach, and strongly encourage our affiliates to adhere to the FTC’s rules. We also reserve the right to terminate relationship with any non-compliant affiliates.
Special Condition: Nexus
Nexus is defined as having an office or other physical presence in a particular state. In order for Arkansas, Connecticut, Minnesota, Missouri, North Carolina, Kansas, Maine, Vermont and Rhode Island affiliates not become tax nexus for our program we currently do not accept affiliates from these states. You agree, warrant and represent that you do not have Nexus with Arkansas, Connecticut, Minnesota, Missouri, North Carolina, Kansas, Maine, Vermont and Rhode Island. You also agree, warrant and represent that, for as long as you are VMInnovations’ affiliate you will not engage in any activities which would cause you to have Nexus with Arkansas, Connecticut, Minnesota, Missouri, North Carolina, Kansas, Maine, Vermont and Rhode Island. . In addition, you must promptly notify us in writing of your Arkansas, Connecticut, Georgia, Kansas, Maine, Minnesota, Missouri, North Carolina, Pennsylvania, Rhode Island and Vermont residency, which you may do via the Shareasale.com affiliate website.
Please note, New York (NY) affiliates are not permitted to promote our program using coupons, PPC marketing, e-mail marketing, printed promotional materials or electronic equivalents (flyers), lead generation, mobile marketing, telemarketing or verbal solicitation. As a New York affiliate you agree, represent and warrant that you will not promote VMInnovations by any means other than showing links to VMInnovations on your website.
If you are located or operating in California or New York, you must complete and submit to us an Annual Certification of No Solicitation. Further, California or New York Affiliates must not engage in prohibited solicitation activities in their respective jurisdictions that refers potential customers to the Merchant Website. The prohibited solicitation activities include, but are not limited to, distributing flyers, coupons, newsletters, and other printed promotional materials or electronic equivalents, verbal soliciting (for example, in-person referrals), initiating telephone calls, and sending emails. We reserve the right to immediately terminate this Agreement without notice to you if you engage in prohibited solicitation activities in any such jurisdictions.
Grant of Licenses
We grant to you a non-exclusive, non-transferable, revocable right to (i) access our site through HTML links solely in accordance with the terms of this Agreement and (ii) solely in connection with such links, to use our logos, trade names, trademarks, and similar identifying material (collectively, the “Licensed Materials”) that we provide to you or authorize for such purpose. You are only entitled to use the Licensed Materials to the extent that you are a member in good standing of VMInnovations.com’s Affiliate Program. You agree that all uses of the Licensed Materials will be on behalf of VMInnovations.com and the good will associated therewith will incur to the sole benefit of VMInnovations.com
Each party agrees not to use the other’s proprietary materials in any manner that is disparaging, misleading, obscene or that otherwise portrays the party in a negative light. Each party reserves all of its respective rights in the proprietary materials covered by this license. Other than the license granted in this Agreement, each party retains all right, title, and interest to its respective rights and no right, title, or interest is transferred to the other.
VMInnovations.com makes no express or implied representations or warranties regarding VMInnovation.com service and web site or the products or services provided therein, any implied warranties of VMInnovations.com ability, fitness for a particular purpose, and non-infringement are expressly disclaimed and excluded. In addition, we make no representation that the operation of our site will be uninterrupted or error free, and we will not be liable for the consequences of any interruptions or errors.
Representations and Warranties
You represent and warrant that:
This Agreement has been duly and validly executed and delivered by you and constitutes your legal, valid, and binding obligation, enforceable against you in accordance with its terms;
You have the full right, power, and authority to enter into and be bound by the terms and conditions of this Agreement and to perform your obligations under this Agreement, without the approval or consent of any other party;
You have sufficient right, title, and interest in and to the rights granted to us in this Agreement.
Limitations of Liability
WE WILL NOT BE LIABLE TO YOU WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE OR GOODWILL OR ANTICIPATED PROFITS OR LOST BUSINESS), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT, IN NO EVENT SHALL VMINNOVATINS.COM’S CUMULATIVE LIABILITY TO YOU ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER BASED IN CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT OR OTHER LEGAL OR EQUITABLE THEORY, EXCEED THE TOTAL COMMISSION FEES PAID TO YOU UNDER THIS AGREEMENT.
You hereby agree to indemnify and hold harmless VMInnovation.com, and its subsidiaries and affiliates, and their directors, officers, employees, agents, shareholders, partners, members, and other owners, against any and all claims, actions, demands, liabilities, losses, damages, judgments, settlements, costs, and expenses (including reasonable attorneys’ fees) (any or all of the foregoing hereinafter referred to as “Losses”) insofar as such Losses (or actions in respect thereof) arise out of or are based on (i) any claim that our use of the affiliate trademarks infringes on any trademark, trade name, service mark, copyright, license, intellectual property, or other proprietary right of any third party, (ii) any misrepresentation of a representation or warranty or breach of a covenant and agreement made by you herein, or (iii) any claim related to your site, including, without limitation, content therein not attributable to us.
All confidential information, including, but not limited to, any business, technical, financial, and customer information, disclosed by one party to the other during negotiation or the effective term of this Agreement which is marked “Confidential,” will remain the sole property of the disclosing party, and each party will keep in confidence and not use or disclose such proprietary information of the other party without express written permission of the disclosing party.
You agree that you are an independent contractor, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between you and VMInnovations.com. 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 any other of Your Sites or otherwise, that reasonably would contradict anything in this Section.
Neither party may assign its rights or obligations under this Agreement to any party, except to a party who obtains all or substantially all of the business or assets of a third party.
This Agreement shall be governed by and interpreted in accordance with the laws of the State of Nebraska without regard to the conflicts of laws and principles thereof.
You may not amend or waive any provision of this Agreement unless in writing and signed by both parties.
This Agreement represents the entire agreement between us and you, and shall supersede all prior agreements and communications of the parties, oral or written.
If any provision of this Agreement is held to be invalid or unenforceable, that provision shall be eliminated or limited to the minimum extent necessary such that the intent of the parties is effectuated, and the remainder of this agreement shall have full force and effect.