Affiliate Terms of Agreement

INTRODUCTION

Vision Marketing and Design LLC ("Vision Marketing and Design," "My Vision Agency," "we," "us," or "our") offers an opportunity for you to become an independent Vision Marketing and Design Affiliate ("Affiliate"), wherein you have the opportunity to earn commissions for referring customers to Vision Marketing and Design. This Affiliate Agreement ("Agreement") governs your application, participation, and activities in the Vision Marketing and Design Affiliate Program.

By clicking "I Accept the Terms and Conditions" or by participating in the Affiliate Program in any manner, you acknowledge that you have read, understood, and agree to be bound by all terms and conditions of this Agreement.

SECTION 1. PARTIES

All references to "Vision Marketing and Design," "My Vision Agency," or "We" herein mean and refer to Vision Marketing and Design LLC, with its principal place of business at 5625 N German Church Rd, Unit #2119, Indianapolis, IN 46235. All references to "You" and "Your" mean and refer to the person or entity who has executed this Agreement. Vision Marketing and Design and You are each referred to herein as a "Party," and collectively as the "Parties."

SECTION 2. APPLICATION AND ELIGIBILITY

You agree to provide all information reasonably requested by Vision Marketing and Design in connection with Your Affiliate application, and You affirm that all information that You provide is truthful and accurate. Vision Marketing and Design retains sole and exclusive discretion to determine whether You qualify for participation in the Vision Marketing and Design Affiliate Program. Not everyone who applies will qualify to participate. Vision Marketing and Design may review the application at our sole discretion and may terminate Your Affiliate status at any time. The standard of qualifications required for an Affiliate may change at our sole discretion at any time.

SECTION 3. CONSENT TO BE CONTACTED

You expressly consent to be contacted at the email address and the phone number You provide in Your application about Your application and the Affiliate Program, including through automated dialing systems, texts, and artificial or prerecorded messages. This consent shall be revoked only in writing.

SECTION 4. COMPENSATION

4.1 Affiliate ID and Tracking

You will receive a unique Affiliate ID when you sign up as an Affiliate. The Affiliate ID will be incorporated within each URL which You will use to advertise Vision Marketing and Design. You will have the opportunity to receive a commission for each sale ("Sale") that is registered using Your Affiliate ID.

4.2 Commission Structure

The amount of Commissions are as follows:

Level 1: 30% (applicable to all Vision Marketing and Design Users)

Vision Marketing and Design reserves the right to modify the commission structure at any time at its sole discretion.

4.3 Commission Eligibility and Payment

Provided that the Sold Account remains in good status within forty-five (45) days from the Sale, Your commission is considered earned. You will earn commission for each Sold Account that generates a payment to Vision Marketing and Design in a month ("Commission") once considered sold as defined below.

All Commission payments will be paid on the 15th of each month following Vision Marketing and Design's receipt of payment for a Sold Account, subject to the other terms of this Agreement. In the event the 15th of each month falls on a holiday or weekend, Commission payments will be paid on the business day preceding the holiday. All Commission payments are based on the amount of fees received by Vision Marketing and Design, less sales taxes.All Commissions are paid in U.S. Dollars (USD) via PayPal. Some payment methods may incur processing fees that may be deducted from Your Commissions. Your combined Commission must equal or exceed Fifty and 00/100 Dollars ($50.00) (USD) before You receive a payment from Vision Marketing and Design. If Your combined Commissions in a 120-day period do not exceed $50.00 (USD), Your Commissions will not be paid and will be forfeited.

4.4 Tax Compliance

Applicable tax documents may be requested from you, and You shall submit such documents upon Vision Marketing and Design's request. If You are not a resident of the United States, Vision Marketing and Design may withhold tax (including, not limited to, VAT) where required by applicable law. You are solely responsible for complying with all tax laws in Your respective jurisdiction(s) including, but not limited to, the payment of all required taxes, and filing of all returns and other required documents with, the applicable governing body(ies).

4.5 Restrictions and Limitations

Affiliates will not earn any Commissions for payments made on Affiliate's own user account(s). Affiliates are not permitted to open a Vision Marketing and Design account under the name of another person or entity, under a fictitious name, or under any name merely for the purpose of obtaining Commissions or any other compensation. Affiliates are not permitted to offer cash rebates or other monetary incentives to obtain Sales unless specifically approved by Vision Marketing and Design in writing.

4.6 Refunds and Chargebacks

Commissions are earned for transactions that actually occur between Vision Marketing and Design LLC and a Sale and in which payment is received by Vision Marketing and Design. If refund/charge back occurs for a Sold Account, and if a Commission was paid to You for that Sold Account, such amount is considered unearned, and the Commission will be deducted from Your future Commissions.

4.7 Commission Term

Except as otherwise expressly provided to the contrary, the obligation under this Agreement to compensate Affiliate by Vision Marketing and Design shall survive for only two (2) years from the date of Commission earned unless there is an amendment in writing and signed by both parties.

4.8 Fraudulent Activity

If Vision Marketing and Design determines, in its sole and exclusive discretion, that any Sale was procured fraudulently or as a result of any violation of this Agreement or applicable law, no Commission will be considered earned for such Sale and, for past sales, such payment amounts shall be deducted from Your future Commissions or shall be refunded back to Vision Marketing and Design. Vision Marketing and Design may also terminate this Agreement immediately without any further liability to you.

SECTION 5. TERM AND TERMINATION

The term of this Agreement will begin the earlier of (i) when You click "I accept the Terms and Conditions" and submit; or (ii) Your participation in the Affiliate program is approved. Your participation in the Vision Marketing and Design Affiliate program will continue month-to-month until terminated. Either Party may terminate this Agreement at any time, with or without cause, by giving the other Party thirty (30) days' written notice of termination.

If, in our sole determination, You have defaulted or attempted to default on any term or provision of the Agreement, Vision Marketing and Design may immediately terminate this Agreement by providing written notice to You. Upon termination, You will immediately cease all efforts to promote Vision Marketing and Design, and will remove all Vision Marketing and Design links, logos, and references from Your website and marketing materials.

SECTION 6. DISCLOSURE REQUIREMENTS

6.1 Mandatory Disclosure Obligation

As an Affiliate, You are required by the Federal Trade Commission (FTC) to clearly and conspicuously disclose your relationship with Vision Marketing and Design in all promotional materials, including but not limited to websites, social media posts, videos, and other content where You promote Vision Marketing and Design products or services.

6.2 Clear and Conspicuous Standard

"Clear and conspicuous" means that the disclosure must be:

Placed in close proximity to any promotional content or affiliate links

Easily noticeable and readable (appropriate font size, color contrast with background)Written in simple and clear language that average consumers will understand

Visible before a consumer engages with an affiliate link

6.3 Disclosure Placement

Your disclosure must appear before any affiliate links and as close to the beginning of your content as possible. A disclosure at the bottom of a page, in a separate terms page, or behind a "Read More" button is not considered compliant.

6.4 Acceptable Disclosure Language

Acceptable disclosure language includes, but is not limited to:

"I receive a commission for purchases made through this link."

"This post contains affiliate links, which means I may earn a commission if you click through and make a purchase."

"As an affiliate, I earn from qualifying purchases."

6.5 Unacceptable Disclosure Methods

The following are NOT considered adequate disclosures:

Using only "Affiliate Link" or "Affiliate" without further explanation

Using only "Sponsored" or "Paid" without clarifying the nature of the relationship

Using ambiguous terms like "Commissionable Link" without further explanation

Placing disclosures only in site navigation, footers, or "About" pages

Using fonts, colors, or placements that make the disclosure difficult to notice

6.6 Platform-Specific Requirements

For social media platforms:

On platforms with character limitations (like Twitter/X), abbreviated disclosures such as "#ad" or "#affiliate" at the beginning of the post may be acceptable

For video content, verbal disclosure should be made at the beginning of the video and written disclosure should appear in the description

For image-based platforms (like Instagram), disclosure must appear in the caption and not solely in the bio or profile section

SECTION 7. AFFILIATE CONDUCT AND RESTRICTIONS

7.1 Prohibited Marketing Practices

You may not:

Make any false, misleading, or deceptive statements about Vision Marketing and Design or its products/services

Make any claims about Vision Marketing and Design products that Vision Marketing and Design itself could not substantiate

Use any misleading, deceptive, or manipulative tactics to generate sales

Engage in any form of spam or unsolicited marketing

Bid on Vision Marketing and Design's trademarks or variations in any pay-per-click advertising

7.2 Trademark Usage

You may not use our Restricted Terms, including any variations or misspellings as per above in sequence with any other keyword. You may not use our Restricted Terms in your ad title, ad copy, display name or as the display URL. You may not direct link to the Site from any PPC ad or use redirects that yield the same result. Customers must be directed to an actual page on Your Website.

You may not bid in any manner appearing higher than us for any search term in positions 1-5 in any auction-style PPC advertising program. If you automate your PPC campaigns, it is your responsibility to exclude our trademarked terms from your marketing and related activities, and we strongly suggest you add our trademarked terms as negative keywords.We have a strict no tolerance policy on PPC trademark bidding. We will not enter a discussion about when the violation started and when it stopped; you will forfeit all Affiliate Fees for a minimum of the past 30 days, your Affiliate Fee balance will be set to $0 without warning, and we may terminate your participation in the Program at our discretion.

7.3 General Advertising Restrictions

You represent and warrant that Your Website(s), social media posts, and any other advertising materials will not:

Infringe our or anyone else's intellectual property, publicity, privacy or other rights

Contain any content that is threatening, harassing, defamatory, obscene, harmful to minors, offensive, or contains nudity, pornography, or sexually explicit materials

Contain any viruses, Trojan horses, worms, time bombs, cancelbots, or other computer programming routines that are intended to damage, interfere with, surreptitiously intercept or expropriate any system, data, or personal information

Contain software or use technology that attempts to intercept, divert or redirect Internet traffic to or from any other website, or that potentially enables the diversion of affiliate payments from another website

7.4 Compliance with Laws and Regulations

You are responsible for ensuring that all of your promotional activities comply with all applicable laws and regulations, including but not limited to:

Federal Trade Commission (FTC) guidelines on endorsements and testimonials

CAN-SPAM Act requirements for email marketing

Children's Online Privacy Protection Act (COPPA)General Data Protection Regulation (GDPR) and other privacy laws as applicable

SECTION 8. MONITORING AND COMPLIANCE

8.1 Compliance Program

Vision Marketing and Design maintains a compliance monitoring program to ensure affiliates adhere to these terms and applicable laws. This program includes:

Regular review of affiliate marketing materials

Monitoring of disclosure practices

Verification of claims made about our products and services

8.2 Affiliate Training

Vision Marketing and Design will provide basic training materials regarding disclosure requirements and prohibited practices. You are responsible for reviewing these materials and ensuring your marketing activities comply with all requirements.

8.3 Compliance Audits

Vision Marketing and Design reserves the right to audit Your marketing activities at any time to ensure compliance with this Agreement. You agree to cooperate with any such audit and to promptly address any compliance issues identified.

8.4 Consequences of Non-Compliance

Failure to comply with the disclosure requirements and other provisions of this Agreement may result in:

Immediate suspension of affiliate status

Forfeiture of unpaid commissions

Termination of this Agreement

Potential legal action in cases of serious or repeated violations

SECTION 9. INTELLECTUAL PROPERTY

Subject to the restrictions below, approved Affiliates are granted a limited, revocable, non-transferable, and non-assignable license to use the "Vision Marketing and Design®" trademark to advertise Vision Marketing and Design online. Any time Affiliate uses the word "Vision Marketing and Design" it must be immediately followed by "®". Affiliate may not use "Vision Marketing and Design", "My Vision Agency" or other Vision Marketing and Design trademarks as part of any URL, domain or website name.

Vision Marketing and Design retains exclusive ownership of all Vision Marketing and Design Trademarks and other intellectual property and all of its rights therein. Affiliate shall not promote or provide services to any other business or person that is infringing any of Vision Marketing and Design's intellectual property.

SECTION 10. LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL VISION MARKETING AND DESIGN BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM OR OUT OF YOUR PARTICIPATION IN THE AFFILIATE PROGRAM. FURTHER, VISION MARKETING AND DESIGN'S AGGREGATE LIABILITY ARISING WITH RESPECT TO THIS AGREEMENT AND THE AFFILIATE PROGRAM WILL NOT EXCEED THE TOTAL COMMISSIONS PAID OR PAYABLE TO YOU UNDER THIS AGREEMENT.

SECTION 11. INDEMNIFICATION

You agree to indemnify, defend and hold harmless Vision Marketing and Design, its officers, directors, employees, agents, licensors, suppliers and any third-party information providers from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation by You of this Agreement or any applicable law or regulation.

SECTION 12. MODIFICATIONS TO AGREEMENT

Vision Marketing and Design reserves the right to modify any of the terms and conditions contained in this Agreement at any time and in its sole discretion by posting a change notice or a new agreement on the Vision Marketing and Design website. YOUR CONTINUED PARTICIPATION IN THE AFFILIATE PROGRAM FOLLOWING OUR POSTING OF A CHANGE NOTICE OR NEW AGREEMENT WILL CONSTITUTE YOUR BINDING ACCEPTANCE OF THE CHANGE.

SECTION 13. GOVERNING LAW AND DISPUTE RESOLUTION

This Agreement shall be governed by and construed in accordance with the laws of the State of Indiana, without giving effect to any principles of conflicts of law. Any dispute arising under or relating in any way to this Agreement shall be resolved exclusively by final and binding arbitration in Indianapolis, Indiana under the rules of the American Arbitration Association.

SECTION 14. MISCELLANEOUS

14.1 Independent Contractors

You and Vision Marketing and Design are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties.

14.2 No Waiver

No failure or delay by either party in exercising any right under this Agreement will constitute a waiver of that right.

14.3 Severability

If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect.

14.4 Entire Agreement

This Agreement constitutes the entire agreement between the parties with respect to its subject matter and supersedes all prior or contemporaneous understandings regarding such subject matter.

14.5 Contact Information

For questions about these Affiliate Terms or the Affiliate Program, please contact us at:

Vision Marketing and Design LLC

5625 N German Church Rd, Unit #2119 Indianapolis, IN 46235

Email: [email protected]

Phone: +1.317.548.0272

APPENDIX A: ADVERTISING RULES AND RESTRICTIONS

A.1 FTC Compliance Requirements

All Affiliates must comply with the Federal Trade Commission's (FTC) Guidelines Concerning the Use of Endorsements and Testimonials in Advertising. These guidelines require clear and conspicuous disclosure of material connections between advertisers and endorsers.

A.2 Disclosure Requirements

Affiliates must clearly and conspicuously disclose their relationship with Vision Marketing and Design in all promotional materials. Disclosures must:

Be placed in close proximity to the endorsement or promotional content

Be easily noticeable (appropriate font size, color contrast with background)Be clear and understandable to the average consumer

Appear before any affiliate links

A.3 Social Media Guidelines

When promoting Vision Marketing and Design on social media:

Disclosures must be included in each post that contains affiliate links or promotional content

Disclosures must be visible without requiring users to click "more" or expand the post

On platforms with character limitations, use clear indicators like "#ad" or "#affiliate" at the beginning of the post

For video content, include verbal disclosure at the beginning of the video and written disclosure in the description

For livestreams, repeat disclosure periodically throughout the stream

A.4 Email Marketing Requirements

When promoting Vision Marketing and Design via email:

Include clear disclosure at the beginning of the email

Comply with all CAN-SPAM Act requirements

Include a valid physical postal address

Provide a clear and conspicuous way to opt out of future emails

A.5 Prohibited Claims

Affiliates may not make claims about Vision Marketing and Design products or services that:

Cannot be substantiated with reliable evidence

Misrepresent the nature, characteristics, or benefits of the products or services

Imply guaranteed results or earnings

Make unrealistic promises about ease of use or time commitment

A.6 Use of Vision Marketing and Design Materials

Affiliates may use Vision Marketing and Design-provided marketing materials, but:

Materials must not be altered in a way that changes their meaning

Any additional claims added by the Affiliate must comply with these terms

Vision Marketing and Design branding guidelines must be followed

A.7 Monitoring and Enforcement

Vision Marketing and Design regularly monitors Affiliate marketing activities for compliance. Violations may result in:

Requests to modify non-compliant materials

Suspension of Affiliate status pending correction

Termination from the Affiliate program

Forfeiture of unpaid commissions

By participating in the Vision Marketing and Design Affiliate Program, you agree to comply with all provisions of this Agreement, including these advertising rules and restrictions.

Last Updated: April 4, 2025