This Affiliate Agreement ("Agreement") contains the complete terms and conditions between us, KDVMA (KD Veterans Medical Assessment) and you, regarding your application to and participation in, the KDVMA Affiliate Program (the “Affiliate Program”) as an affiliate of KDVMA(an “Affiliate”), and the establishment of links from your Marketing Material to our website, https://www.KDVMA.com
BY SUBMITTING AN APPLICATION TO JOIN OR BY PARTICIPATING IN THE KDVMA AFFILIATE PROGRAM, YOU ARE CONFIRMING THAT YOU HAVE READ THIS AGREEMENT AND THE KDVMA TERMS AND CONDITIONS AND THAT YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.
You and KDVMA are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. 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 Affiliate Site or otherwise, that contradicts anything in this section.
KDVMA will not be liable for indirect or accidental damages (loss of revenue, commissions) due to affiliate system sale tracking failures, commission processing programming, Database or website crash, attacks servers/computers, viruses/Malware, natural disaster or acts of God or Nature. The Program Operator makes no claim that the operation of the website will be free from errors nor will the Program Operator be held liable for any downtime.
To begin the enrollment process, you must submit a completed Affiliate Program Signup Form. The Signup Link can be found in the footer of our website at www.kdvma.com
The Program Operator requires your primary email address be listed in your affiliate Profile. Affiliates will not be able to use the website or participate in the affiliate program until their email addresses are verified.
We will review your application in good faith and Approve or Disapprove your Application as an Affiliate at our earliest possible. We may reject your application if we determine (in our sole discretion) that your website is not suitable for the KDVMA Affiliate Program for any reason with or without assigning any reason. If your application to apply as Affiliate is rejected, you agree to not apply again.
All Commissions are paid by Check in US$. The commission is paid within 40 days of Commission earned provided the Threshold (Minimum Amount) is met.
We are not responsible for paying interest to affiliates for accrued/earned but not yet paid commission payments.
Commissions are not paid for any sales for which payment has not been received, or for any transaction that has been rejected for any reason. If a transaction incurs a charge-back, or if an online transaction is not completed in every way, no commission payment is due to the affiliate. If a commission has already been paid, then it will be deducted from an active affiliate’s future commissions. If no further commission is earned within next 90 days by this Affiliate, he is legally bound to pay back the Charged-Back commission.
During Affiliate Sign Up you will be offered the option to generate a unique ID and a URL/LINK. When someone clicks through this URL, a cookie will be set in their browser with your affiliate ID and their IP address may also be logged with your affiliate ID. During that visit to the website or any later visit, when a purchase is made the commission will be given based on the existence of the cookie.
In order to receive proper credit for sales, a person or entity must purchase through your unique affiliate URL.
KDVMA will not be responsible for any unsolicited method to promote our Services. You will legally responsible and answerable to your Marketing Activities. KDVMA reserves the right to cancel your Affiliation if any illegal method of Marketing is brought into its notice.
Discounts and Coupons. You are not allowed to post any refunds, credits or discounts on the KDVMA Products and Services, or other content concerning KDVMA without KDVMA’s prior written consent in each instance.
KDVMA reserves the right to withhold Commission Fees and cancel the affiliate relationship with you should we determine, at our sole discretion, that you are not in compliance with the previously mentioned guide or other FTC regulations or guides that we deem relevant.
Once approved as Affiliate we shall grant you
Subject to the limitations set forth in Section 3 above and otherwise in this Agreement, we grant you a non-exclusive, non-transferable, revocable permissions to access our website using your credentials or unique links, KDVMA trademark and logo and similar identifying material provided by us (collectively, the "Licensed Materials"), for the sole purpose of selling KDVMA Services.
You shall not use the Licensed Materials for any purposes other than selling KDVMA Products and Services, without first submitting a sample to us and obtaining the express prior written consent of KDVMA in each instance. You shall not use the Licensed Materials in any manner that is disparaging or that otherwise portrays KDVMA, any hosted member of KDVMA or any KDVMA employee or representative in a negative light. We reserve all of our rights in the Licensed Materials and your license to use such material is limited to the manner described herein.
KDVMA is a HIPAA Compliant Organization. By signing up as an Affiliate you agree that you will not track, expose or note any classified information of KDVMA Client.
Each affiliate acts as an independent contractor and as such is responsible for any or all United States, state, or foreign income taxes and any other tax liabilities that affect or concern the sales of KDVMA Services.
We may modify this Agreement at any time in our sole discretion; provided that the change shall solely apply to events occurring after the date on which you accept and agree to such modifications unless you otherwise agree herein. Modifications may include, but are not limited to, changes in the scope of available Commission Fees, commission amounts or percentages, payment procedures, Commission Fee payment schedules, and Affiliate Program rules. If any modification is unacceptable to you, your only recourse is to terminate this agreement, in which event you shall be entitled to your rights under the unmodified Agreement prior to the date of the applicable modification. Your continued participation in the Affiliate Program following our posting of any modification on our website will constitute binding acceptance of the change.
This agreement will begin upon your sign-up with the affiliate program and will end if you we Deactivate your account due to any reason with or without assigning any reason or if you voluntarily decide to terminate. In case you wish to terminate your Affiliate Contract, you must send a notification in writing.
This Agreement shall be governed and construed in accordance with the laws of GA, USA applicable to agreements made and to be performed in GA, USA. Any action relating to this Agreement must be brought in the federal or state courts located in Cobb County, GA and you irrevocably consent to the jurisdiction of such courts.
