Sign-up as a TVGEAR Affiliate!
To become a TVGEAR affiliate, just read and agree to the terms below. Be sure to fill out the forms and then submit the form to Universal Electronics Inc.
Business Terms Exhibit for TVGEAR.COM
Commission will be paid to the TVGEAR.COM affiliate (“Affiliate”) on a quarterly basis, within 30 days of the end of the previous quarter. The commission will be a derivative of affiliate-driven sales per the outlined methods below. Commission paid is based on the applicable revenue after any discounts or coupons, before taxes and shipping. Commissions from any product returns, excluding exchanges to replace product, that are associated with said affiliate will be subtracted from the latest quarterly commission payment. Any disputes or disagreements regarding the Commission paid or earned must be submitted in writing to Universal Electronics Inc. within 30 days from the payment of Commission by Universal Electronics Inc.
Affiliate Program Drivers
Commission is based on gross sales from the following methods:
1. 20% Commission paid for any sales to consumers that create a TVGEAR.COM user account and list their PAY TV PROVIDERS as any of the company names that you designate below (Names must directly relate to this affiliate).
Directions: List ways users may spell or abbreviate your company name (ex: Gogo Cable, Gocable, Gogo)
2. 20% Commission paid for any sales from consumers that originated at any of the web domains that you designate below. The web domains must be owned and operated by the Affiliate.
Directions: List web domains intended to drive traffic to TVGEAR.COM (example: gogocable.com)
3. 10% Commission paid for any sales that include redemptions of coupon codes defined by the Affiliate below. Each unique coupon code will have a defined expiration date to align with the applicable marketing program and the specific date will be assigned at program initiation. Coupon codes allow for a 20% percent discount of a specific product, product type or entire customer order as designated by the Affiliate.
Directions: Define what you want to use for coupon codes unique to your company for future marketing promotions in conjunction with TVGEAR.COM (example: Gogogear2015).
By filling-out and submitting the form below, you agree to the legal and business terms described on this page. When finished, you may want to print this page for your records.IMPORTANT-READ CAREFULLY: BY SUBMITTING THE ONLINE APPLICATION YOU ARE AGREEING THAT YOU HAVE READ AND UNDERSTAND THE TERMS AND CONDITIONS OF THIS AGREEMENT AND THAT YOU AGREE TO BE LEGALLY RESPONSIBLE FOR EACH AND EVERY TERM AND CONDITION.
This Agreement contains the complete terms and conditions that apply to you becoming an Affiliate in TVGEAR.COM’s Affiliate Program. The purpose of this Agreement is to allow HTML linking between your web site and the TVGEAR.COM web site. Please note that throughout this Agreement, "we," "us," and "our" refer to Universal Electronics Inc. (“UEI”) and its website TVGEAR.COM; and "you," "your," and "yours" refer to the Affiliate.
- License Grant: UEI grants to you a non-exclusive, non-transferable, revocable right to (i) access our TVGEAR.COM site through HTML links solely in accordance with the terms of this Agreement; and (ii) solely in connection with such links, to use our logos, trade names, trademarks, and similar identifying material (collectively, the "Licensed Materials") that we provide to you or authorize for such purpose. You are only entitled to use the Licensed Materials for co-promotional purpose to the extent that you are a member in good standing of TVGEAR.COM’s Affiliate Program. You agree that all uses of the Licensed Materials will be on behalf of UEI and the good will associated therewith will insure to the sole benefit of UEI. Each party agrees not to use the other's proprietary materials in any manner that is disparaging, misleading, obscene or that otherwise portrays the party in a negative light. Each party reserves all of its respective rights in the proprietary materials covered by this license. Other than the license granted in this Agreement, each party retains all rights, titles, and interest to its respective rights and no right, title, or interest is transferred to the other.
- Term and Termination: The Agreement shall continue so long as Affiliate is in compliance with the terms and conditions set forth herein. The Agreement and the license set forth in Section 1 above will automatically terminate earlier if Affiliate fails to comply with the terms, conditions, or limitations described herein. Affiliate may terminate this Agreement upon 60 days written notice to UEI. UEI may terminate this Agreement upon 60 days written notice to Affiliate if (i) UEI decides to discontinue sales of products via the TVGEAR.COM website, or (ii) Affiliate fails to generate sales of at least $500 in two consecutive calendar quarters.
- Disclaimer: UEI MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES REGARDING UEI SERVICES AND WEBSITE, OR THE PRODUCTS OR SERVICES PROVIDED THEREIN. ANY IMPLIED WARRANTIES OF UEI'S ABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT ARE EXPRESSLY DISCLAIMED AND EXCLUDED TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAWS. IN ADDITION, UEI MAKES NO REPRESENTATION THAT THE OPERATION OF THE TVGEAR.COM SITE WILL BE UNINTERRUPTED OR ERROR FREE, AND UEI WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS. WITHOUT LIMITING THE FOREGOING, NEITHER UEI NOR ANY OF ITS AFFILIATES OR LICENSORS WILL BE RESPONSIBLE FOR ANY COMPENSATION, REIMBURSEMENT, OR DAMAGES ARISING IN CONNECTION WITH (I) ANY LOSS OF PROSPECTIVE PROFITS OR REVENUE, ANTICIPATED SALES, GOODWILL, OR OTHER BENEFITS, (II) ANY INVESTMENTS, EXPENDITURES, OR COMMITMENTS BY YOU IN CONNECTION WITH THE PARTICIPATION OF THE TVGEAR.COM AFFILIATE PROGRAM, OR (III) ANY TERMINATION OF THIS AGREEMENT OR YOUR PARTICIPATION IN THE TVGEAR.COM AFFILIATE PROGRAM.
- Representations and Warranties: You represent and warrant that:
4.1. This Agreement has been duly and validly executed and delivered by you and constitutes your legal, valid, and binding obligation, enforceable against you in accordance with its terms;
4.2. You have the full right, power, and authority to enter into and be bound by the terms and conditions of this Agreement and to perform your obligations under this Agreement, without the approval or consent of any other party;
4.3. You have sufficient right, title, and interest in and to the rights granted to us in this Agreement.
4.4 You will not engage in fraudulent use of the TVGEAR.COM Affiliate Program. Fraud is defined as any action that intentionally attempts to create sales, leads, or click-throughs using robots, frames, iframes, scripts, or manually "refreshing" of pages, for the sole purpose of creating commissions. ANY ATTEMPTED FRAUD OR FRAUD WILL RESULT IN AFFILIATE TERMINATION AND VOIDED COMMISSIONS.
- Limitations of Liability: WE WILL NOT BE LIABLE TO YOU WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE OR GOODWILL OR ANTICIPATED PROFITS OR LOST BUSINESS), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT, IN NO EVENT SHALL UEI'S CUMULATIVE LIABILITY TO YOU ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER BASED IN CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT OR OTHER LEGAL OR EQUITABLE THEORY, EXCEED THE TOTAL COMMISSION FEES PAID TO YOU UNDER THIS AGREEMENT.
- Indemnification: You hereby agree to indemnify and hold harmless UEI, and its subsidiaries and affiliates, and their directors, officers, employees, agents, shareholders, partners, members, and other owners, against any and all claims, actions, demands, liabilities, losses, damages, judgments, settlements, costs, and expenses (including reasonable attorneys' fees) (any or all of the foregoing hereinafter referred to as "Losses") insofar as such Losses (or actions in respect thereof) that arise out of or are based on: (i) any claim that our use of your trademarks infringes on any trademark, trade name, service mark, copyright, license, intellectual property, or other proprietary right of any third party, (ii) any misrepresentation of a representation or warranty or breach of a covenant and agreement made by you herein, or (iii) any claim related to your site and/or promotional materials, including, without limitation, content therein not attributable to us.
- Confidentiality: All confidential information, including, but not limited to, any business, technical, financial, and customer information, disclosed by one party to the other during negotiation or the effective term of this Agreement which is marked "Confidential” or may otherwise be reasonably considered as confidential by its nature will remain the sole property of the disclosing party, and each party will keep in confidence and not use or disclose such proprietary information of the other party without express written permission of the disclosing party.
- Notices: Any notice required or permitted hereunder shall be in English, and in writing. The personal delivery or the sending of a notice by Federal Express (or similar overnight delivery method) or by postage prepaid, certified mail, return receipt requested shall be sufficient service. Notices to UEI shall be to the attention of the Legal Department, at 201 E. Sandpointe Ave., 8th Floor, Santa Ana, CA 92707, USA.
- Consent to Use of Data and Connection To the Internet. You agree that UEI and its affiliates may collect and use technical information gathered in any manner as part of the product setup, registration, operation, functions, and/or support services provided to you, if any, related to the TVGEAR.COM site. UEI may use this information solely to improve our products or to provide customized services or technologies to you. UEI may additionally use and disclose this information to others, but not in a form that personally identifies you or your customers.
- Miscellaneous: 10.1. You agree that you are an independent contractor, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between you and UEI. 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 website(s) or otherwise, that reasonably would contradict anything in this Section.
10.2. Neither party may assign its rights or obligations under this Agreement to any party, except to a party who obtains all or substantially all of the business or assets of a third party.
10.3. This Agreement shall be governed by and interpreted in accordance with the laws of the State of California without regard to the conflicts of laws and principles thereof.
10.4. You may not amend or waive any provision of this Agreement unless in writing and signed by both parties.
10.5. This Agreement represents the entire agreement between us and you, and shall supersede all prior agreements and communications of the parties, oral or written.
10.6. The headings and titles contained in this Agreement are included for convenience only, and shall not limit or otherwise affect the terms of this Agreement.
10.7. If any provision of this Agreement is held to be invalid or unenforceable, that provision shall be eliminated or limited to the minimum extent necessary such that the intent of the parties is effectuated, and the remainder of this agreement shall have full force and effect.
10.8 We may modify any of the terms and conditions in this Agreement at any time at our sole discretion. In such event, you will be notified by email. Modifications may include, but are not limited to, changes in the payment procedures and UEI’s Affiliate Program rules. If any modification is unacceptable to you, your only option is to end this Agreement. Your continued participation in TVGEAR.COM’s Affiliate Program following the posting of the change notice or new Agreement on our site will indicate your agreement to the changes.