This Affiliate Marketing Agreement (“Agreement”) is made and entered into as of 2024 by and between ZyzoShop, a company incorporated in America with its registered office at 530 Jfk Memorial Hwy, Newark, 19702 (“ZyzoShop”), and you, the individual or entity identified below (“Affiliate”).
WHEREAS, ZyzoShop operates an online platform for the sale of various products (“Products”); and
WHEREAS, Affiliate desires to promote the Products through its website, social media channels, or other marketing efforts; and
WHEREAS, ZyzoShop desires to expand its customer base through Affiliate’s marketing efforts.
NOW, THEREFORE, in consideration of the foregoing premises and the mutual covenants contained herein, the parties agree as follows:
1. Appointment
ZyzoShop hereby appoints Affiliate as a non-exclusive affiliate to promote the Products through a unique affiliate link (Coupon) provided by ZyzoShop.
2. Promotion
Affiliate agrees to promote the Products using the Affiliate Link in a professional and ethical manner. Affiliates may promote the Products through various channels, including but not limited to:
- Affiliate’s website or blog
- Social media platforms (e.g., Facebook, Instagram)
- Email marketing
- Online advertising
Affiliate shall not engage in any marketing activities that are misleading, deceptive, or unfair, or that violate any applicable laws or regulations.
3. Commissions
ZyzoShop will pay Affiliate a commission on each sale generated through the Affiliate Link. The commission rate will be 5% of the net sales price of the Products purchased by customers who click on the Affiliate Link and complete a purchase within 10 days (the “Cookie Window”).
4. Payment
Commissions will be paid to the Affiliate on a monthly basis, provided that the total commission earned during the month exceeds Rs.5000/-. If the total commission earned is below the minimum threshold, it will be carried over to the following month.
Payments will be made via [Payment Method] (e.g. bank transfer, Crypto) to the account information provided by Affiliate.
5. Term and Termination
This Agreement shall commence on the Effective Date and shall continue for 1 year (the “Initial Term”). The Agreement will automatically renew for successive terms of equal length unless terminated by either party upon 30 days written notice.
This Agreement may be terminated by either party immediately upon written notice for cause, such as a material breach of this Agreement by the other party.
6. Affiliate Link
ZyzoShop will provide the Affiliate with a unique Affiliate Link that tracks all sales generated through the Affiliate’s marketing efforts. Affiliate agrees to use only the provided Affiliate Link for promotion and shall not modify or alter the Link in any way.
7. Representations and Warranties
- Affiliate: Affiliate represents and warrants that it has the full right, power, and authority to enter into this Agreement and to perform its obligations hereunder.
- ZyzoShop: ZyzoShop represents and warrants that it has the full right, power, and authority to enter into this Agreement and to grant Affiliate the rights and licenses hereunder.
8. Disclaimer
ZyzoShop makes no warranties or representations express or implied, with respect to the Products, including but not limited to warranties of merchantability or fitness for a particular purpose.
9. Limitation of Liability
In no event shall either party be liable to the other party for any indirect, incidental, consequential, special, or punitive damages arising out of or in connection with this Agreement, even if advised of the possibility of such damages.
10. Confidentiality
Affiliate agrees to keep confidential all non-public information disclosed by ZyzoShop, including but not limited to pricing information, marketing materials, and customer data.
11. Independent Contractor
The affiliate is an independent contractor and not an employee, agent, or partner of ZyzoShop.
12. Entire Agreement
This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior or contemporaneous communications, representations, or agreements, whether oral or written.
13. Amendment
This Agreement may be amended only by a written instrument signed by both parties.
14. Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the USA, without giving effect to any choice of law or conflict of law provision or rule (whether of the USA or any other jurisdiction).
15. Severability
If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall remain in full force and effect.
16. Notices
All notices and other communications hereunder shall be in writing and shall be deemed to have been duly given when delivered personally, sent by certified or registered mail.
This agreement applies to resellers too.
