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  • Vivid Metal Prints Affiliate Agreement

  • 1. Program Overview

    1.1 Purpose

    The Vivid Metal Prints Digital Affiliate Program is designed to empower creators, influencers, and industry professionals to partner with us in promoting our premium digital and physical metal prints. By joining the program, affiliates gain the opportunity to earn commissions while helping grow our brand's reach and customer base. 

    1.2 Program Structure 

    • Commission Rate:  Affiliates earn a 10% commission on the “net sale price” (excluding taxes, shipping, discounts, and returns) of all orders placed with your Affiliate Code.
    • Discounts: Affiliates can set the percentage discount they offer to their followers, up to 15%.
      Tracking & Transparency: Each affiliate receives a dedicated login portal on Vivid Metal Prints, where they can monitor real-time sales data, track commissions, and generate custom referral links. 
    • Payment Schedule*:  Commissions are paid monthly, with no minimum threshold required for payout. Payments are processed via [insert payment method, e.g., PayPal, direct deposit] by the 15th of the following month. 
    • Time Period: Earn commissions on your followers’ purchases for one year.  Should monthly sales remain below $2,000 after the initial four months, the commission adjusts to 5% for the remaining eight months.

    1.3 Benefits for Affiliates 

    • Lifetime Cookie Window: Sales attributed to an affiliate’s link will remain eligible for commissions for [X days, e.g., 30 days] after the initial click.
    • Creative Freedom: Access to a library of high-resolution product images, branded assets, and customizable promotional materials.
    • Dedicated Support: Personalized assistance from our affiliate team for strategy optimization, content feedback, and technical support. 

    1.4 Eligibility 

    The program is open to:

    • Social media influencers 
    • Bloggers and content creators 
    • Artists, photographers, and industry professionals 
    • Businesses with aligned audiences 

    1.5 Brand Alignment 

    To maintain consistent brand integrity, affiliates agree to: 

    • Use approved logos, color schemes, and fonts in all promotional materials, as outlined in VMP Media Kit documents. 
    • Avoid altering product images or misrepresenting product quality. 
    • Adhere to the brand’s ethos: Vivid Metal Prints redefines visual impact through our pioneering aluminum dye-sublimation process, expertly crafting exquisite metal prints that captivate and endure. Our commitment to detail and reliability is unwavering, as we translate artists' visions into vibrant, lasting metal art.

    1.6 FTC Compliance 

    All promotions must: 

    • Clearly disclose the affiliate relationship (e.g., “As a Vivid Metal Prints affiliate, I earn commissions on purchases made through my links”).  We have also included a VMP Affiliate badge graphic you can include in your posts
    • Avoid false claims or guarantees about products. 

    1.7 Program Updates

    Vivid Metal Prints reserves the right to update commission rates, terms, or program structure with 30 days’ notice to affiliates. Continued participation constitutes acceptance of changes. 

    2. Enrollment and Eligibility

    2.1 Application Process
    To join the Vivid Metal Prints Affiliate Program:

    • Applicants must submit a completed Affiliate Application Form via our website [you’ve already done this].
    • Applications must include accurate details about the applicant’s promotional platforms (e.g., website URLs, social media handles, audience demographics).
    • Vivid Metal Prints reserves the right to approve or reject applications at its sole discretion, with no obligation to disclose reasons for rejection.

    2.2 Eligibility Criteria

    Affiliates must:

    • Operate a platform (website, social media account, etc.) with active, authentic engagement and content relevant to Vivid Metal Prints’ target audience (e.g., art, photography, home décor, or design enthusiasts).
    • Avoid promoting competitors’ products in ways that conflict with Vivid Metal Prints’ interests.
    • Comply with all applicable laws, including FTC endorsement guidelines and anti-spam regulations.

    2.3 Account Setup

    • Approved affiliates will use the login credentials they picked during the registration process to access their dedicated affiliate dashboard on Vivid Metal Prints.
    • Affiliates are responsible for maintaining account security and promptly reporting unauthorized access. 

    2.4 Prohibited Entities
    The following applicants are ineligible:

    • Sites or individuals promoting illegal, adult, or hate content.
    • Entities engaged in deceptive marketing practices (e.g., click fraud, cookie-stuffing).
    • Direct competitors of Vivid Metal Prints.

    2.5 Compliance Review

    • Vivid Metal Prints may periodically audit affiliate accounts to ensure compliance with program terms.
    • Failure to adhere to brand standards, posting guidelines, or legal requirements may result in immediate termination (see Section 8). 

    2.6 Multiple Accounts

    • Affiliates may not create duplicate accounts without prior written consent.
    • Households or businesses with multiple affiliates (e.g., team members) must notify Vivid Metal Prints to avoid payment disputes. 

    2.7 FTC Disclosure Requirement

    • Affiliates must clearly and conspicuously disclose their relationship with Vivid Metal Prints in all promotional content (e.g., “#ad,” “This post contains affiliate links”).
    • Disclosures must appear:
      • Above the fold on blogs/websites (not hidden in footers).
      • In the first three lines of social media captions.
      • Verbally in video/audio content within the first 30 seconds. 

    2.8 Program Exclusivity

    Affiliates are not required to promote Vivid Metal Prints exclusively unless otherwise agreed in writing. 

    3. Commission Structure and Payments 

    3.1 Commission Rate

    • Affiliates earn a 10% commission on the net sale price of all qualifying purchases (both digital and physical products) made through their unique referral links.
    • "Net sale price" is defined as the total order value after discounts, taxes, shipping fees, packaging, returns, and chargebacks are deducted. Commission is only calculated on print line items. 

    3.2 Qualifying Sales & Commission Requests
    A sale is eligible for commission only if:

    • The customer clicks the affiliate’s unique tracking link and completes the purchase within 30 days (cookie duration).
    • The purchase is not later refunded, canceled, or deemed fraudulent by Vivid Metal Prints.
    • The sale is not self-referred (i.e., the affiliate cannot purchase their own products to earn commissions).
    • The sale was completed via telephone due to direct affiliate interaction. Verification can be requested by emailing affiliates@vividmetalprints.com by submitting  the customer name and approximate order date. Vivid Metal Prints will review and respond promptly to all commission credit requests. 

    3.3 Payment Terms

    • Payment Schedule: Commissions are paid monthly by the 15th of the following month (e.g., January commissions paid by February 15).
    • Payment Method: Payments are issued ONLY via PayPal.  Affiliates must ensure their payment details are up-to-date in their dashboard.
    • No Minimum Threshold: All earned commissions, regardless of amount, will be paid out each month.
    • Reporting: Affiliates can view real-time commission balances, pending payouts, and transaction details in their login portal. 

    3.4 Chargebacks & Refunds

    • If a customer requests a refund or chargeback, the corresponding commission will be deducted from the affiliate’s next payout. If no future payouts are due, the affiliate must repay the commission within 90 days. 

    3.5 Taxes

    • Affiliates are solely responsible for reporting and paying taxes on their earnings.
    • Vivid Metal Prints will issue a Form 1099 (U.S.) or equivalent documentation to affiliates earning over $600 annually, as required by law. 

    3.6 Commission Disputes

    • Disputes about commission calculations must be submitted in writing within 14 days of the payment date.
    • Vivid Metal Prints’ tracking system and records will be considered the definitive source for resolving disputes. 

    3.7 Program Changes

    • Vivid Metal Prints reserves the right to adjust commission rates, payment terms, or qualifying sale criteria with 30 days’ written notice to affiliates. 

    4. Brand Standards and Posting Guidelines 

    4.1 Brand Representation
    Affiliates play a crucial role in maintaining the Vivid Metal Prints brand integrity. To ensure consistency and quality, affiliates are required to:

    • Use only approved logos, images, and color schemes available in the affiliate portal.
    • Reference the brand as "Vivid Metal Prints" in all communications and promotional materials. 

    4.2 Messaging and Tone

    • Align all content with Vivid Metal Prints’ core values, including:·       
      • Excellence in Craftsmanship
        We are committed to delivering superior quality through our pioneering dye-sublimation process, ensuring each metal print beautifully captures and preserves vivid artistry.
      • Customer-Centric Innovation
        Our approach prioritizes our customers, consistently seeking innovative solutions and personalized services that enhance their visual expression and satisfaction.
      • Authenticity and Integrity
        We uphold the highest standards of authenticity and integrity, fostering trustworthy relationships through transparent practices and honest communication.
      • Creative Empowerment
        We support and empower creators, influencers, and industry professionals by providing versatile resources and opportunities to showcase their unique artistic visions.
      • Sustainable Impact
        Our commitment to sustainability drives us to minimize our environmental footprint while producing enduring products that resonate with long-term value.
      • Collaborative Growth
        We believe in collaboration and inclusivity, partnering with a diverse range of affiliates to expand our community and collective reach in the art and print industry.
    • Use a "friendly and informative" tone in all promotional content to reflect the brand’s personality.
    • Correctly portray product features, benefits, and usage without exaggeration or false claims. 

    4.3 Content Guidelines

    • Ensure all written content (blogs, social media posts) and visual content (images, videos) are original, high-quality, and relevant to the products being promoted.
    • Avoid misleading statements, unverified claims, or negative commentary about the brand or its competitors. 

    4.4 Social Media and Digital Platforms

    • Clearly disclose the affiliate relationship on each platform as required by FTC guidelines (e.g., “#ad,” “affiliate link”).
    • Do not engage in any social media behaviors that could harm the brand’s reputation, such as controversial or offensive postings.
    • Tag or mention Vivid Metal Prints’ official social media accounts where applicable to maximize reach and brand consistency. 

    4.5 Use of Visual Assets

    • Access vibrant, approved visuals from the affiliate portal under the “Company Photos” section pf the Vivid Media Kit.
    • Do not alter or distort the brand logo or marketing images beyond resizing while maintaining aspect ratio.
    • Use product photography that showcases the product in authentic settings, embodying the brand’s creative spirit. 

    4.6 Continuous Engagement

    • Stay informed about upcoming promotions, sales, or branding changes by reading the quarterly affiliate newsletter. 

    4.7 Non-Competing Content

    • Affiliates should not produce content that directly competes with Vivid Metal Prints through unauthorized third-party partnerships or promotions.
    • Ensure that Vivid Metal Prints’ promotions are distinct and not diluted by competitor brands in the same media space (e.g., emails, banner ads). 

    4.8 Compliance Monitoring

    • Vivid Metal Prints reserves the right to review and monitor affiliate content for compliance with brand standards.
    • Non-compliant materials must be revised or removed within 5 business days upon notification.

    5. Prohibited Activities 

    5.1 Unauthorized Use of Brand Assets

    • Affiliates must not use Vivid Metal Prints’ trademarks, logos, or proprietary images in any unauthorized or misleading manner.
    • The creation of domain names, social media handles, or any online presence incorporating Vivid Metal Prints trademarks without prior written consent is prohibited. 

    5.2 False or Misleading Advertising

    • Affiliates are prohibited from making false claims about products, including unauthorized use of superlatives (e.g., “best,” “number one”) unless backed by verifiable data.
    • Do not offer unauthorized incentives or discounts to consumers under the guise of an "official" Vivid Metal Prints offer. 

    5.3 Unethical Promotional Methods

    • Avoid using spam tactics, such as mass emailing without permission, automated bots, or any deceptive practices to generate traffic or sales.
    • Keyword bidding on branded terms (e.g., Vivid Metal Prints, Vivid Metal Prints) in search engine marketing without explicit approval is prohibited. 

    5.4 Inappropriate Content

    • Affiliates must not engage in promoting content that is offensive, hateful, pornographic, or illegal in nature.
    • Do not associate Vivid Metal Prints’ brand with political, religious, or socially sensitive causes unless pre-approved. 

    5.5 Unauthorized Collection of Customer Data

    • Affiliates are prohibited from collecting personal data from customers or potential customers (e.g., emails, phone numbers) without transparent consent and compliance with data protection laws.
    • Any authorized data collection must comply with relevant privacy laws, including GDPR or CCPA, where applicable. 

    5.6 Competitor Relationships

    • Engaging in partnerships or relationship that directly undermine Vivid Metal Prints' competitive standing, such as collaborations with direct competitors, is prohibited.
    • Affiliates must report any potential conflicts of interest to the affiliate management team immediately. 

    5.7 Non-Compliance with Legal Standards

    • Failure to adhere to FTC guidelines concerning affiliate disclosures, misleading practices, or advertising standards will result in program termination.
    • Compliance with all relevant laws, including intellectual property rights and consumer protection regulations, is mandatory. 

    5.8 Termination for Prohibited Activities

    • Engagement in any prohibited activities outlined in this section may result in immediate suspension or termination of the affiliate account.
    • Vivid Metal Prints reserves the right to recover or adjust commissions resulting from activities deemed prohibited. 

    6. Performance Expectations 

    6.1 Active Participation

    • While there are no minimum sales or activity requirements, affiliates are expected to promote Vivid Metal Prints regularly and in good faith.
    • To maintain program eligibility, affiliates must generate at least one valid sale or referral every 90 days. 

    6.2 Content Quality Standards

    • Promotional content must maintain high production value and professionalism. Low-effort posts (e.g., text-only social media posts without images, non-contextual links) may result in account review.
    • Engage authentically with audiences—no clickbait, misleading claims, or artificial engagement tactics (e.g., purchased followers, bots). 

    6.3 Community Engagement

    • Affiliates are encouraged to foster meaningful interactions with their audience about Vivid Metal Prints products (e.g., Q&A sessions, creative showcases of products in use). 

    6.4 Reporting & Transparency

    • Affiliates must report any technical issues with tracking links or the affiliate dashboard promptly to ensure accurate commission calculations. 

    6.5 Program-Specific Campaigns
    The affiliate team may occasionally:

    • Invite high-performing affiliates to participate in exclusive promotions (e.g., product launches, seasonal sales).
    • Create contests or challenges with bonus commissions for top performers. 

    6.6 Support & Improvement

    • Affiliates struggling to generate results can request:
      • Personalized coaching sessions with the affiliate team.
      • A/B testing of promotional strategies.
      • Audience demographic insights to refine targeting. 

    6.7 Performance Reviews

    • Accounts with no sales for 120 consecutive days will be subject to review. Affiliates may be required to submit a promotional plan to remain active.
    • Affiliates who consistently underperform (e.g., low conversion rates due to poor-quality traffic) may be transitioned to a probationary period or removed from the program. 

    6.8 Ethical Promotion

    • Even when pursuing performance goals, affiliates must adhere to all prohibited activities outlined in Section 5 (e.g., no spam, false advertising, or unauthorized discounts). 

    6.9 Incentive Alignment

    • Affiliates demonstrating exceptional creativity, audience growth, or sales volume may qualify for:
      • Increased commission rates.
      • Early access to new products.
      • Featured placement on Vivid Metal Prints’ affiliate spotlight page. 

    7. Termination and Modifications 

    7.1 Termination by Either Party

    • Affiliate-Initiated Termination:
      Affiliates may terminate their participation in the program at any time by providing written notice to Vivid Metal Prints via email sent to info@vividmetalprints.com.
    • Company-Initiated Termination:
      Vivid Metal Prints reserves the right to terminate an affiliate’s participation without cause by providing 30 days’ written notice. 

    7.2 Immediate Termination for Cause
    Vivid Metal Prints may terminate an affiliate’s participation immediately for:

    • Violations of this agreement (e.g., prohibited activities in Section 5, brand misuse in Section 4, or FTC non-compliance).
    • Fraudulent, abusive, or unethical conduct.
    • Failure to maintain minimum performance standards (Section 6.7). 

    7.3 Effect of Termination

    • Outstanding Commissions: Affiliates will receive payment for commissions earned prior to termination, provided they comply with refund/chargeback terms (Section 3.4).
    • Return of Materials: Affiliates must remove all Vivid Metal Prints branding, links, and promotional materials from their platforms within 7 days of termination.
    • Survival Clauses: Sections regarding confidentiality, payment obligations, and liability limitations will remain in effect post-termination. 

    7.4 Program Modifications

    • Vivid Metal Prints may update any part of this agreement, including commission rates, payment terms, or program rules, by providing 30 days’ written notice to affiliates.
    • Modifications take effect on the date specified in the notice. Continued participation after changes constitutes acceptance of the revised terms. 

    7.5 Updates to Brand Guidelines
    The company may amend brand standards (Section 4) or posting requirements at any time. Affiliates must comply with updated guidelines within 14 days of notification. 

    7.6 Notification of Changes

    • Changes to the program will be communicated via:
      • Email to the affiliate’s registered address.
      • Announcements via the quarterly affiliate newsletter.
    • Affiliates are responsible for ensuring their contact information is current. 

    7.7 Appeals Process

    • Terminated affiliates may appeal the decision in writing within 14 days of termination. Appeals will be reviewed at the company’s discretion. 

    8. Legal Compliance and Liability 

    8.1 Compliance Requirements
    Affiliates are required to:

    • Adhere to all applicable laws, regulations, and standards, including but not limited to those governing:
      • Advertising Practices: Compliance with the Federal Trade Commission (FTC) guidelines for digital advertising and endorsements.
      • Privacy: Compliance with GDPR, CCPA, or any other data protection laws applicable in their jurisdiction.
      • Intellectual Property: Respect for copyright, trademark, and other proprietary rights associated with Vivid Metal Prints materials. 

    8.2 Affiliate’s Responsibilities

    • Affiliates are solely responsible for the content they produce and the methods used to promote Vivid Metal Prints’ products.
    • Affiliates agree to defend, indemnify, and hold harmless Vivid Metal Prints, its directors, employees, and affiliates from and against any and all claims, damages, liabilities, costs, and expenses (including attorneys' fees) arising out of or related to:
      • The affiliate’s breach of this agreement.
      • The affiliate’s violation of applicable laws or regulations.
      • Any content or marketing practices initiated by the affiliate. 

    8.3 Limitation of Liability

    • Vivid Metal Prints will not be liable for indirect, incidental, special, punitive, or consequential damages, including lost profits or revenues, arising out of or related to the affiliate program.
    • The company’s total liability, whether in contract, tort, or otherwise, will be limited to the commission amounts payable to the affiliate under this agreement. 

    8.4 Confidentiality

    • Affiliates may be granted access to confidential information, including business strategies, product designs, or proprietary technologies. Affiliates agree not to disclose or use such information except as necessary to fulfill their obligations under the affiliate program.
    • This confidentiality obligation will survive the termination of the agreement. 

    8.5 Modification and Severability

    • Should any provision of this agreement be deemed invalid or unenforceable, the remaining provisions will remain in full force and effect.
    • Affiliates agree that no modifications to this agreement will be made unless executed in writing by both parties. 

    8.6 Governing Law

    • The agreement will be governed by and construed in accordance with the laws of North Carolina, without regard to its conflict of law principles.
    • Any disputes will be resolved through arbitration or mediation, in accordance with the rules of the American Arbitration Association, held in North Carolina. 

    8.7 Entire Agreement

    • This agreement constitutes the entire understanding between the affiliate and Vivid Metal Prints regarding the affiliate program, superseding all prior oral or written agreements. 

    9. Miscellaneous Provisions 

    9.1 Independent Contractors

    • Both parties acknowledge that participation in the affiliate program establishes an independent contractor relationship, not an employment, agency, partnership, or joint venture arrangement.
    • Affiliates have no authority to make or accept offers or representations on behalf of Vivid Metal Prints. 

    9.2 Non-Exclusivity

    • This agreement does not create an exclusive relationship between Vivid Metal Prints and the affiliate. Both parties retain the right to enter into similar agreements with other parties. 

    9.3 Assignment

    • Affiliates may not assign or transfer their rights or obligations under this agreement without the prior written consent of Vivid Metal Prints.
    • The company may assign this agreement to any affiliate, subsidiary, or successor by merger or acquisition. 

    9.4 Force Majeure

    • Neither party will be liable for any failure or delay in performance under this agreement due to circumstances beyond its reasonable control, such as acts of God, war, terrorism, natural disasters, or government regulations. 

    9.5 Notices

    • All notices and communications required or permitted under this agreement will be in writing and delivered via email, registered mail, or courier service to the addresses specified by each party. An email from Vivid Metal Prints to the address associated with the affiliate's account will be considered sufficient. 

    9.6 Waiver

    • The failure of Vivid Metal Prints to enforce any provision of this agreement will not constitute a waiver of its rights to subsequently enforce such provision or any other part of this agreement. 

    9.7 Headings

    • The section headings in this agreement are for convenience only and have no legal or contractual effect. 

    9.8 Survival

    • Provisions that by their nature are intended to survive the termination or expiration of this agreement, including but not limited to confidentiality, liability, and indemnification clauses, will remain in effect. 

    9.9 Amendment

    • Except as otherwise stated within this agreement, any amendments or modifications must be made in writing and signed by both parties.
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