Effective Date: The date Affiliate accepts this Agreement in PartnerStack or first participates in the Program, whichever occurs first.
This Affiliate Partner Program Agreement (this “Agreement”) is between Volarym (“Company,” “we,” “us,” or “our”) and you (the “Affiliate” or “Partner”). It describes how we will work together and other aspects of our business relationship. This Agreement applies to your participation in our Affiliate Program and governs your use of the Affiliate Tool to promote our products and services.
Affiliate; Partner. For branding purposes, an Affiliate may also be referred to as a “Partner.” The terms are used interchangeably in this Agreement to refer to participants in the Affiliate Program. Use of “Partner” does not grant any reseller, agency, joint venture, franchise, employment, or authority-to-bind rights beyond what is expressly stated here.
Linked Policies (incorporated by reference):
We may update these terms from time to time. If we update or replace the terms, we will post the changes and/or notify you through the Affiliate Tool or by email. If you do not agree with the updated terms, you may terminate as described below.
For purposes of this Agreement, “Affiliate Tool” means the software application(s) and portal(s) we make available for you to use in order to participate in the Partner/Affiliate Program.
This Agreement does not create an exclusive arrangement between you and us. We reserve the right to (and you acknowledge that we may) develop, market, sell, and support services and products that are competitive with yours and to appoint additional partners.
Once you complete an application to become a Partner, we will review your application. We may approve or reject an application at our discretion. If we do not notify you of approval, your application is considered rejected. If you are accepted, your participation continues until terminated as described herein.
Third-Party Payment Processors. We may utilize third-party processors (including PartnerStack) for tracking, calculating, and paying commissions; in such cases, amounts due will be calculated and paid through those processors and in accordance with their rules.
Taxes. You are responsible for payment of all taxes and fees (including bank fees) applicable to the commissions. We may require tax forms and withhold amounts as required by law.
Commission Amounts; Changes. Commission amounts, windows, and attribution rules are described in Appendix A. We may update commission rates and program economics in accordance with Appendix A and this Agreement.
We may make available, without charge, training and enablement resources for the Program. We may modify or discontinue any Partner Program benefits or offerings at any time without notice.
Any uses by Partner of the Services, Company name, or Company Marks must adhere to brand and quality standards we provide. Failure to follow these standards is a material breach.
You grant to us a non-exclusive, non-transferable, revocable, royalty-free license to use your name, logos, and trademarks (“Affiliate Marks”) to identify you as a partner and to operate the Program. You will not use the Company Marks in any manner that disparages the Company or in connection with an obscene, indecent, or unlawful topic or material.
No license to any software is granted by this Agreement. Company retains all right, title, and interest in and to the Services and all related intellectual property. Nothing herein transfers Company Intellectual Property Rights to the Partner.
We may publish additional or clarifying Program Policies at https://volarym.com/affiliate-program-policies/ and update them from time to time. If there is a conflict between that page and the integrated rules above, the stricter rule applies unless Appendix A states otherwise. Material changes will be communicated via the Affiliate Tool or email; continued participation after notice constitutes acceptance.
“Confidential Information” means non-public information disclosed by one party to the other that is designated as confidential or that a reasonable person would understand to be confidential, including customer and prospect lists, product roadmaps, and financial data. The receiving party will use the Confidential Information only for purposes of performing under this Agreement and will protect it using at least reasonable care.
Term. This Agreement applies for as long as you participate in the Program, until terminated.
Termination without Cause. Either party may terminate this Agreement on fifteen (15) days’ written notice to the other party.
Termination for Agreement Changes. If we update or replace the Agreement, you may terminate on ten (10) days’ written notice after we send notice of the change.
Termination for Cause. We may terminate immediately for breach, fraud, violation of law or policy, or actions that negatively affect us, our prospects, or our customers.
Effect of Termination. Upon termination or expiration, you will immediately discontinue use of Company Marks and the Affiliate Tool. Unlocked, undisputed commissions accrued prior to termination will be paid on the normal cycle. Termination will not cause a customer’s subscription agreement to be terminated.
Disclaimers. Except as expressly stated, the Program and the Affiliate Tool are provided “as is” and “as available.” We disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement.
Limitation. To the maximum extent permitted by law, Company’s aggregate liability arising out of or relating to this Agreement will not exceed the commissions paid to Affiliate in the three (3) months preceding the event giving rise to liability. Company will not be liable for any indirect, incidental, special, consequential, reliance, or exemplary damages, or loss of profits, revenue, goodwill, or data.
You represent and warrant that (i) you will comply with this Agreement and all applicable laws and platform policies, (ii) your content and methods are lawful, do not infringe third-party rights, and are free from malware, and (iii) you will not engage in deceptive practices (including cookie stuffing, fake leads, incent traffic, or other prohibited behaviors).
Neither party will be responsible for failure or delay due to events beyond its reasonable control, provided that such party uses reasonable efforts to mitigate the effect.
The parties are independent contractors. Nothing herein creates a joint venture, agency, franchise, sales representative, or employment relationship.
It is your responsibility to clearly and conspicuously disclose your relationship with Company in connection with any promotion, per applicable law (including FTC/ASA guidance).
You will comply with all applicable laws and regulations, including anti-bribery/anti-corruption, export controls and sanctions, and privacy and data protection laws. You will not market or export Company Products to prohibited countries or individuals.
If any part of this Agreement is determined to be invalid or unenforceable, that part will be reformed to reflect the parties’ intent, and the remainder will continue in effect.
Notices (email-only). All notices under this Agreement may be provided by email or through the PartnerStack portal.
To Company: [email protected]
To Affiliate: the primary email listed in Affiliate’s PartnerStack account.
A notice is deemed given when sent if the sender does not receive a system-generated error or bounce within twenty-four (24) hours. Either party may update its notice email by updating the email in PartnerStack or sending an email notice under this Section; updates are effective upon receipt. The parties consent to electronic communications for all contractual notices related to this Program.
This Agreement (including the Appendix A and the incorporated policies) constitutes the entire agreement between the parties with respect to the subject matter and supersedes all prior agreements and understandings.
You may not assign or transfer this Agreement, in whole or in part, without our prior written consent; any prohibited assignment is void. We may assign to an affiliate or in connection with a merger, acquisition, or sale of assets.
Nothing in this Agreement confers any rights or remedies upon any person other than the parties and their permitted successors and assigns.
We may change the Program Policies from time to time (see the link at the top of this Agreement). The Program Policies are incorporated herein by reference.
We grant to you only the rights and licenses expressly stated in this Agreement. No other licenses are granted by implication, estoppel, or otherwise.
Each party represents that it has the full power and authority to enter into this Agreement and that this Agreement is binding upon such party and enforceable in accordance with its terms.
This Agreement is governed by the laws of the State of Ohio, without regard to conflict-of-laws rules. The parties consent to exclusive jurisdiction and venue in the state or federal courts located in Troy, Ohio (Miami County) and waive any objection to such venue, including forum non conveniens.
Non-Solicitation. During the Term and for twelve (12) months thereafter, each party agrees not to solicit for employment any employee of the other party with whom it had direct contact in connection with this Agreement; general solicitations not specifically targeted to the other party’s employees are excluded.
To the extent Affiliate provides or processes personal data in connection with this Program, Affiliate will: (i) comply with applicable privacy and data protection laws (including GDPR/UK GDPR and CCPA/CPRA); (ii) collect and share personal data on a lawful basis with all required disclosures and consents; (iii) use personal data solely to perform under this Agreement and not for unrelated purposes; (iv) implement appropriate technical and organizational security measures; and (v) promptly delete or return personal data upon Company’s request or termination, unless retention is required by law. The parties incorporate by reference Volarym’s Privacy Policy and DPA (links above). If there is a conflict, the DPA controls for data-processing obligations.
The following sections survive expiration or termination: Commissions & Payments (as to accrued, unlocked amounts), Confidentiality, Proprietary Rights, Non-Solicitation, Data Protection, Governing Law & Venue, Notices, Limitation of Liability, and General provisions (including Assignment, No Third-Party Beneficiaries, and Survival).
A1. Definitions (additions/overrides)
A2. Commission & Duration
Affiliate earns 20% of Net Subscription Revenue per Qualified Referral for twelve (12) months from that referral’s initial paid subscription date, provided the account remains active and in good standing. (This overrides any “first purchase only” interpretation.)
A3. Qualification, Lock & Reversals
A4. Payout Terms
Net-30 payout schedule; $100 minimum threshold; payout via PartnerStack’s payout process (ACH/PayPal or as available). Affiliate must maintain current tax and payout details.
A5. Traffic & Creative Rules (summary)
No brand bidding or direct-linking on brand terms/misspellings; no incent traffic; no cookie stuffing; no toolbar/coupon hijacking; no fake leads; no forced clicks; no deceptive UX. Email must be opt-in with compliant disclosures and unsubscribe. Use approved assets only; do not alter logos or imply affiliation beyond this Program.
A6. Conflict Control
This Appendix A controls over inconsistent terms in the Agreement or Program Policies with respect to economics and tracking parameters.
Signature/Acceptance. By clicking “Accept,” submitting an application, or participating in the Program via PartnerStack, Partner agrees to this Agreement.
