Effective Date: December 4, 2025
Last Updated: January 18, 2026
This Affiliate Agreement replaces all previous versions. Promoting Vavoza, using your affiliate account and links, or continuing to participate in the affiliate program after the Effective Date constitutes acceptance of this Agreement.
This Affiliate Agreement (“Agreement”) is a binding agreement made and entered into upon Affiliate’s approval to join Vavoza’s affiliate program by and between VAVO Marketing LLC d/b/a VAVOZA, a South Dakota limited liability company with a principal place of business at 2601 S Minnesota Ave STE 105-382, Sioux Falls, SD 57105 (“Vavoza”, “Company”, “we”, “us”, or “our”), and Company’s affiliate (“Affiliate”, “you”, or “your”).
WHEREAS, Company desires to expand its sales reach by establishing an affiliate program and Affiliate desires to participate in such program on the terms and conditions set forth herein;
NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties agree as follows:
Company hereby appoints Affiliate as a non-exclusive affiliate to promote and market Company’s products and services (the “Products”) through approved websites (the “Websites”) and channels (the “Channels”).
Affiliate shall use commercially reasonable efforts to promote the Products in a professional, ethical, and lawful manner.
Affiliate shall comply with all terms and conditions set forth in this Agreement and the Company’s Website Terms & Conditions and Privacy Policy, which are incorporated herein by reference.
Affiliate expressly agrees NOT to engage in any of the following prohibited activities:
(a) make any false, misleading, or disparaging statements about Company or the Products;
(b) impersonate Company or suggest any partnership, sponsorship, or endorsement beyond the affiliate relationship;
(c) purchase Products through Affiliate’s own links or create fraudulent transactions;
(d) bid on “Vavoza” or any Company trademarks (or misspellings/variations) in paid search or social advertising;
(e) register or use domain names, subdomains, or social handles containing “Vavoza” (typosquatting);
(f) use cookie-stuffing, forced clicks, pop-ups, pop-unders, or any fraudulent or spam traffic methods;
(g) send paid traffic directly to vavoza.com or any Company-owned domain;
(h) violate FTC endorsement guidelines, CAN-SPAM, TCPA, GDPR/CCPA (where applicable), or any other law.
Violation of any prohibited activity constitutes material breach and grounds for immediate termination and forfeiture of all unpaid commissions.
Company agrees to:
Provide Materials: Provide Affiliate with marketing materials, affiliate links, promotional codes, or other resources necessary to promote the Products.
Track Sales: Track sales generated through Affiliate’s efforts using the provided tracking codes and links.
Pay Commissions: Pay Affiliate the agreed-upon commission for each sale of eligible products generated through Affiliate’s efforts, in accordance with the Commission Schedule.
Provide Support: Provide Affiliate with reasonable support in connection with its promotion of the Products.
Affiliate shall earn a commission equal to fifty percent (50%) of Net Revenue received by Company from each Qualifying Sale generated through Affiliate’s unique tracking link.
“Net Revenue” means the actual amount paid by the customer excluding taxes, shipping (if any), refunds, chargebacks, discounts, promotional credits, and payment processing fees.
“Qualifying Sale” means a completed purchase of an Eligible Product that is not refunded, charged back, or canceled within Company’s thirty (30)-day refund period.
Eligible Products (subject to change at Company’s discretion with notice):
VIP Membership
Vavoza Insider Plus
Lead Multiplier Kit
Affiliate Program Stack
Commissions are calculated monthly for the prior calendar month and paid via PayPal on or before the 15th day of the following month (or the next business day if the 15th falls on a weekend or U.S. bank holiday), provided:
(a) Affiliate’s accrued commissions equal or exceed $100.00 USD, and
(b) Affiliate has entered a valid PayPal email address in the affiliate account.
Accrued commissions below $100.00 will roll over to subsequent months until the threshold is met. Company may, in its sole discretion, issue early or below-threshold payments.
Upon termination of this Agreement, any accrued commissions of $25.00 or more will be paid in the final payment cycle. Commissions below $25.00 upon termination will be forfeited.
This Agreement commences on the date you are approved and continues indefinitely until terminated (the “Term”).
Either party may terminate this Agreement at any time, with or without cause, upon thirty (30) days’ written notice to the other party.
Company may terminate this Agreement immediately without notice if Affiliate commits fraud, engages in illegal activity, materially damages Vavoza’s brand or reputation, or materially breaches this Agreement.
Upon any termination, Affiliate shall immediately cease using all links, marketing materials, and trademarks of Company and remove them from all Channels.
Affiliate agrees to keep all confidential information of Company, including but not limited to marketing materials, customer lists, and pricing information, confidential and not disclose such information to any third party without the prior written consent of Company.
Affiliate is an independent contractor and is not an employee, agent, joint venturer, or partner of Company. Affiliate is solely responsible for its own acts and omissions and for the acts and omissions of its employees, agents, and subcontractors.
Affiliate shall indemnify, defend, and hold harmless Vavoza and its parents, subsidiaries, affiliates, officers, directors, employees, agents, successors, and permitted assigns (collectively, the “Indemnified Parties”) from and against any and all third-party claims, demands, actions, suits, losses, liabilities, damages, judgments, settlements, costs, and expenses (including, without limitation, reasonable attorneys’ fees and court costs incurred) that any Indemnified Party may suffer or incur arising out of, relating to, or resulting from:
(a) any breach by Affiliate of any representation, warranty, covenant, or obligation contained in this Agreement or in any policy, guideline, or rule issued by Vavoza;
(b) the content, operation, or use of Affiliate’s website(s), marketing materials, products, or services;
(c) Affiliate’s violation or alleged violation of any applicable federal, state, or local law, rule, or regulation, including without limitation the Federal Trade Commission Act, the CAN-SPAM Act, the Telephone Consumer Protection Act, GDPR (to the extent applicable), CCPA/CPRA, and any other data privacy or consumer protection laws;
(d) any negligent act or omission, willful misconduct, fraud, or violation of law by Affiliate or its employees, agents, or subcontractors; or
(e) any claim that Affiliate’s activities infringe or misappropriate the intellectual property, privacy, publicity, or other rights of any third party.
The foregoing indemnification obligations shall not apply to the extent the claim is finally determined by a court of competent jurisdiction to have been caused solely and directly by the gross negligence or willful misconduct of an Indemnified Party.
Affiliate’s duty to defend shall arise immediately upon written notice from any Indemnified Party and shall include the obligation to pay all defense costs (including reasonable attorneys’ fees) as they are incurred.
Affiliate shall retain counsel reasonably acceptable to the Indemnified Party, and the Indemnified Party shall have the right (but not the obligation) to participate in the defense at its own expense. Affiliate shall not settle or compromise any claim without the prior written consent of the applicable Indemnified Party (which consent shall not be unreasonably withheld, conditioned, or delayed).
This indemnification and defense obligation shall survive termination or expiration of this Agreement.
Affiliate may not assign or transfer this Agreement or any rights or obligations hereunder without the prior written consent of Company. Any attempted assignment in violation of this section shall be null and void.
COMPANY MAKES NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE PRODUCTS OR THE SERVICE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
IN NO EVENT SHALL COMPANY BE LIABLE TO AFFILIATE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR SPECIAL DAMAGES, LOST PROFITS, OR LOST REVENUE, WHETHER IN CONTRACT, TORT, OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
This Agreement, which expressly incorporates by reference the Company’s Website Terms & Conditions and Privacy Policy (as amended from time to time), 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.
Sections 5 (Term and Termination), 6 (Confidentiality), 7 (Independent Contractor), 8 (Indemnification and Defense), 9 (Assignment), 10 (Warranties and Disclaimers), 11 (Limitation of Liability), 12 (Entire Agreement), 14 (Governing Law), 15 (Miscellaneous), 16 (Amendments), and this Section 13 shall survive any termination or expiration of this Agreement.
This Agreement shall be governed by and construed in accordance with the laws of the State of South Dakota, without regard to its conflict of laws principles. Any dispute, claim, or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation, or validity thereof shall be submitted exclusively to the state or federal courts located in Minnehaha County, South Dakota. Each party irrevocably submits to the personal jurisdiction and venue of such courts and waives any objection based on inconvenient forum.
(a) Severability. If any provision is held invalid or unenforceable, the remainder shall continue in full force.
(b) No waiver of any breach shall constitute a waiver of any subsequent breach.
(c) Notices shall be sent by email to the addresses provided in the affiliate account.
(d) Force Majeure. Neither party shall be liable for delay or failure to perform caused by events beyond its reasonable control (acts of God, war, pandemics, internet outages, etc.).
(e) Class Action Waiver. Any dispute arising out of or related to this Agreement shall be brought exclusively on an individual basis. Affiliate waives any right to bring or participate in any class, collective, or representative action against Company. This waiver also applies to class arbitration.
Company may amend this Agreement or any referenced policies at any time by posting the revised version in the Affiliate dashboard and/or sending notice to the email address on file for Affiliate.
Amendments become effective thirty (30) days after posting or notice (whichever is earlier). Continued participation in the affiliate program or use of affiliate links after the effective date constitutes acceptance of the amended terms.
If Affiliate objects, Affiliate’s only remedy is to terminate this Agreement and cease all promotion.
