AFFILIATE PROGRAM AGREEMENT

Affiliate Program Agreement

This Agreement is made and entered into by and between Orchville Music hub (“Orchville Music” “we” or “our”) and you, the Affiliate (“you” or “Affiliate”). This Agreement contains the complete terms and conditions that apply to your participation in the Orchville Affiliate Program (the “Affiliate Program” or “Program”).

  1. Program Overview

Orchville operates an affiliate marketing program (“Program”), which allows Affiliates to earn commissions by promoting Orchville’s products through their website, social media channels, or other marketing channels.

  1. Application and Acceptance

To participate in the Program, the Affiliate must submit an application and be approved by Orchville. Orchville reserves the right to reject any application for any reason. we will notify you of either your acceptance to, or rejection from, the Affiliate Program. By participating in the Program, the Affiliate agrees to be bound by the terms of this Agreement.

  1. Promotion of the Program

Once you are approved as an Affiliate Site, we will provide you with a widget and textual links (the “Links”). Subject to the terms and conditions outlined in this agreement, you may display the Links on your site as frequently and in as many areas as you wish. The purpose of the Links is to create a connection between your site and ours and to identify any item purchased that was referred from your site using the Links, which will be considered as “Qualified Items.”

  1. Commissions

Orchville will pay the Affiliate a commission on sales made through the Affiliate’s unique affiliate link. The commission rate and payment terms will be outlined in a separate commission agreement.

  1. Affiliate Responsibilities

The Affiliate agrees to promote Orchville’s products in a truthful and honest manner. The Affiliate shall not make false or misleading claims about Orchville’s products or engage in any deceptive marketing practices.

As an Affiliate, you are required to:

  1. a) Display the Links on your website.
  2. b) Take full responsibility for your website and all materials posted on it.
  3. c) Ensure that all materials posted on your website are legal and do not infringe on the rights of any individual or entity.

Please note that we are not liable for any materials posted on your website.

  1. d) Indemnify, defend, and hold Orchville Music harmless from any claims, damages, or expenses related to your website.

`6. Trademarks and Branding

The Affiliate may use Orchville’s trademarks and branding materials solely for the purpose of promoting Orchville’s products. The Affiliate shall not modify or alter Orchville’s trademarks or branding materials without prior written consent.

 

`7. Termination

Orchville may terminate this Agreement at any time for any reason, with or without cause. The Affiliate may also terminate this Agreement at any time by providing written notice to Orchville.

 

    8. Confidentiality

The Affiliate agrees to keep all confidential information received from Orchville, including sales data and commission rates, confidential and not to disclose such information to any third party without the prior written consent of Orchville.

 

    9. Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the state of [State], without regard to its conflicts of law provisions.

 

    10.  Entire Agreement

This Agreement constitutes the entire agreement between the parties and supersedes all prior or contemporaneous negotiations, discussions, or agreements between the parties.

 

    11. Amendments

Orchville may amend this Agreement at any time by providing notice to the Affiliate. The Affiliate’s continued participation in the Program following such notice shall constitute acceptance of the amended Agreement.

 

    12. Indemnification

The Affiliate shall indemnify and hold harmless Orchville, its officers, directors, employees, and agents, from and against any and all claims, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to the Affiliate’s participation in the Program or any breach of this Agreement.

 

    13. Limitation of Liability

Orchville shall not be liable for any indirect, incidental, special, or consequential damages arising out of or related to this Agreement or the Program. Further, our aggregate liability arising with respect to this Agreement and the Affiliate Program will not exceed the total referral fees paid or payable to you under this Agreement.

 

    14. Limited License

Under this Agreement, we grant you a nonexclusive, nontransferable, and revocable license to access our site via the Links in accordance with the terms of this Agreement. This license is solely for the purpose of linking your site to ours, identifying your site as an Affiliate Program participant, and aiding in generating online home insurance quotes.

It is important to note that you are not allowed to modify, change, or alter the Links in any way. You are only authorized to use the Links if you are a member in good standing of the Program. We reserve the right to revoke your license at any time by giving you written notice.

 

    15. Policies, Procedures and Pricing

Customers who make purchases through the Affiliate Program will be considered Orchville Music customers and will be subject to our policies, procedures, and pricing. Please note that these policies, procedures, and pricing may be subject to change at any time.

 

    16. Modification

We reserve the right to modify any of the terms and conditions of this Agreement at any time. In the event that we make modifications, we will notify you via email, and a change notice will be posted on our site. If you find the modifications to be unacceptable, your only option is to terminate this Agreement.

Please be aware that if you continue to participate in the Affiliate Program after a change notice has been posted, it will be deemed as your binding acceptance of the change.

 

    17. Independent Contractors

You and Orchville Music hub are considered independent contractors, and this Agreement does not establish any partnership, joint venture, agency, franchise, sales representative, or employment relationship between us. You do not have the authority to make or accept any offers or representations on our behalf.

 

    16. Paid search

Paid search advertising restrictions include the following:

  1. a) You are not allowed to bid on our trademarks, brand names, or any variations or misspellings thereof.
  2. b) You cannot use our trademarks or brand names in the Display URL.
  3. c) You may not redirect to any of our websites.

Independent Investigation

You agree that you have thoroughly reviewed this Agreement and accept all of its terms and conditions. You acknowledge that we have the right to solicit customer referrals directly or indirectly, and may offer terms that differ from those outlined in this Agreement, or operate websites that are similar to or compete with your website. You have independently assessed the benefits and drawbacks of participating in the Affiliate Program and are not relying on any representation, guarantee, or statement other than those explicitly stated in this Agreement.

 

    17. Privacy and Your Website

Your website must include a direct link to our website, and you may not mislead visitors by copying or creating the impression that your website is ours. You are prohibited from using any device, program, robot, iframes, or hidden frames to generate transactions. Additionally, your website must have a privacy policy that complies with all applicable laws and regulations.

 

    18. Fraud

If you commit fraud or falsify information in connection with the purchase of products through the links on your site, this Agreement will be terminated immediately. In addition, you will be liable to Orchville Music Hub for any damages suffered as a result of such actions. You will also be required to return all referral fees received for fraudulent or falsified accounts, and we reserve the right to pursue all legal actions against you to the fullest extent possible under the law.

 

    19. Anti-Predatory Advertising Policy

Affiliates will be removed from the Affiliate Program and forfeit any pending referral fees if they are using or distributing software downloads that potentially enable the diversion of referral fees from other affiliates in our program. Predatory advertising is defined as any method that creates or overlays links or banners on websites, spawns browser windows, or any method invented to generate traffic from a website without the website owner’s written permission.

 

    20. Email Compliance

For good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Affiliate agrees to comply with the requirements of relevant laws and regulations regarding email messaging that contains information regarding Orchville Music Hub. Upon request, Affiliate will provide Orchville Music Hub with documentation demonstrating that the recipients consented to receive the email in question.

 

    21. Public Statements

By participating in the Program, you agree that we may identify you or your site as an affiliate of the Program, and we may make this identification orally, in writing, or electronically.

 

    22. Reservation of Rights

Orchville Music Hub reserves the right to terminate this Agreement at any time if your site is deemed (at our sole discretion) unsuitable for the Program, even if your site has not changed since the time your Affiliate Program application was accepted. We also reserve the right to monitor affiliate sites at any time to determine compliance with this Agreement.

 

    23. Dispute Resolution

Any disputes arising out of or related to this Agreement shall be resolved through arbitration in accordance with the rules of the American Arbitration Association.

 

Disclaimers

We do not provide any express or implied warranties or representations regarding the Orchville music website or the Affiliate Program, including but not limited to warranties of fitness, merchantability, non-infringement, or any other implied warranties arising from the course of performance, dealing, or trade usage. Furthermore, we do not guarantee that the operation of our site will be uninterrupted or error-free, and we will not be held liable for any consequences arising from such interruptions or errors.

 

By submitting an application to participate in the Program, the Affiliate agrees to be bound by the terms of this Agreement.

By signing up, I agree to abide by all the terms and conditions given above.