To be an authorized member of the Vacation Voucher Program (hereinafter referred to as “VVP”) owned and operated by Firestarter Systems, LLC (hereinafter collectively referred to as "Firestarter"), you agree to abide by the terms and conditions contained in this agreement.
Please read this agreement carefully before registering for VVP. By signing up for VVP, you indicate your acceptance of this agreement and its terms and conditions as may be updated from time to time by Firestarter.
This Agreement contains the complete terms and conditions that apply to your participation as a member of VVP.
1. Enrollment in this Program.
To enroll, you will submit a completed registration through our website and pay the required initial and ongoing fees as disclosed in the marketing information and on the registration and order page. Your account is subject to review. We will evaluate your account in good faith to ensure you comply with all our rules and agreements. We may reject your account if we determine that your site is unsuitable for the Program for any reason, including, but not limited to, if your site incorporates images or content that is unlawful, defamatory, obscene, harassing or otherwise objectionable, such as sites that facilitate illegal activity or promote violence or promote or assist others in promoting copyright infringement (collectively, "Content Restrictions").
You must be at least 18 years of age and old enough to legally transact business in the countries in which you reside and do business.
2. Incentive Offers
Once accepted into the VVP and paying the required initial and ongoing fees, you will have the right to use the incentive offers included in the program as such may be updated from time to time. You will only have the right to use the incentive offers as long as you pay the required fees when due. Any failure to pay any fee when due will cause your membership account to be immediately terminated and you will no longer have any right to use the incentive offers or to earn commissions.
These incentive offers currently include:
Certificate for Free 3
Day / 2 Night Hotel Stay
Certificate for Hundreds of Dollars in Coupons for Groceries
The incentives may only be offered subject to their actual terms and conditions as set forth on the certificate formats supplied to you in the VVP member site. You may not misrepresent the incentive in any way.
You may offer or give the incentives to whomever you choose. To deliver the incentive, you must provide the recipient with the incentive certificate in either a digital or printed format as supplied by Firestarter.
You may not alter the format, text, disclaimers, disclosures, or any other part of the incentive certificate without prior written authorization from Firestarter.
If you fail to comply with this section, your membership account is subject to immediate termination and Firestarter reserves the right to withhold payment of any commissions which might otherwise be due to you.
3. Utilizing Links on Your Site or Email Promotions
As a member of VVP, you may use any form of promotion you choose, consistent with the terms of this Agreement. You may use banner advertisements, button links and/or text links to promote all of the incentives (the "Links"), however, you CANNOT SPAM. Any activity by you or on your behalf that we determine or reasonably suspect to be the result of an unsolicited bulk e-mail program will result in your immediate termination from the Program and your forfeiting of monies otherwise due you hereunder. Allowable promotional links may not contain Firestarter's or VVP’s trade names, service marks, and/or logos for display. Subject to the terms and conditions hereof, you are granted a limited, non-exclusive, non-transferable license to access and download the designated promotional materials for placement on your site for the sole and exclusive purpose of promoting the incentives.
You will earn a commission when you refer a person who completes a valid redemption of an incentive using your Member ID. For the redemption to be deemed “valid” (a) you must be a current active member of the VVP under the terms of this Agreement; (b) you must have paid the required fees to have the right to use the incentive redeemed and earn a commission on such redemption; and (c) the redemption must not be refunded or charged back.
The current commission rate is $5.00 per valid redemption.
The commission rate is subject to change from time to time, upon e-mail notice to you and commencing after 30 days following such notice.
5. Commission Payment.
Commissions deemed due and owed to you under the program will be paid to you directly by Firestarter after any holding period and in accordance with a regular payout cycle established by Firestarter. The payout cycle is currently that all valid commissions earned each month will be paid by the 10th day of the following month.
No commissions will be paid for signups initiated by you, your household, or anyone within your organization. Firestarter reserves the right to only pay for valid redemptions. A valid redemption is defined by purchasers who make payments that are not refunded or charged back. Commissions can be earned per each new redemption referred through your unique Member ID. Any refunds or chargebacks resulting from your referred redemptions shall be deducted from commissions. If at any time we have legitimate concerns that your account or your referred redemptions might be involved with fraudulent activity or any activity which would violate this Agreement, we reserve the right to withhold payment of commissions to you while we conduct an investigation. If we determine that all your activity was legitimate and all transactions are valid, we will release your commissions.
If the current commission payment due to you is less than $25, we will retain the amount due until such time as the accumulated payment due is $25 or more.
Prior to receiving any payment, you must supply us with your tax identification number on an approved U.S. Internal Revenue Service form such as Form W-9 or Form W-8.
Commissions will only be paid to a valid PayPal account. To set up a PayPal account, please visit PayPal.com.
6. Responsibility for Your Site.
You will be solely responsible for the development, operation and maintenance of your site and promotions, and for all materials that appear on your site or in any promotion. We shall have no responsibility for the development, operation and maintenance of your site and for all materials that appear on your site. You shall also be responsible for ensuring that materials posted on your site do not violate or infringe upon any laws, including but not limited to 18 U.S.C. Section 2257, or the rights of any third party (including, for example, copyrights, trademarks, privacy, or other personal or proprietary rights), and ensuring that materials posted on your site are not libelous or otherwise illegal. You must have express permission to use another party’s copyrighted or other proprietary material. We will not be responsible if you use another party’s copyrighted or other proprietary material in violation of the law. In addition to the foregoing, we will immediately terminate your participation in the Program if we believe you have engaged in any of the following:
• Unsolicited mass e-mail solicitations, IRC postings or any other form of spamming, including but not limited to, newsgroups or AOL customers or otherwise violate the anti-spamming policies of Firestarter, or state laws or federal laws;
• Provide inaccurate or incomplete information to Firestarter concerning your identity, address or other required information;
• Attempt to cheat, defraud or mislead us in any way;
• Misrepresent to the public the terms and conditions of the incentives or otherwise violate the terms of this Agreement.
• Engage in popup advertisement network activities;
• IFrames may not be used unless given express permission by Firestarter, sales made through hidden IFrames or Cookie Stuffing methods will be considered invalid.
Firestarter expressly requires you to disclose that there is a "material connection" between you and Firestarter any time you offer an endorsement or testimonial for our services, in accordance with the Federal Trade Commission guidance as outlined at http://business.ftc.gov/documents/bus71-ftcs-revised-endorsement-guideswhat-people-are-asking.pdf. Such disclosure should be clear and prominent, meaning close to the endorsement or testimonial.
You are free to bid on PPC networks for keywords related to the VVP with the intent to promote the VVP. However, the following terms are not allowed:
• "Vacation Voucher Program”
• "Fire Starter"
• "Brian Koz"
• "Brian Kosobucki"
• "Koz, Inc."
• "Shawn Casey"
• "Shawn M. Casey"
• "Mining Gold"
• "Mining Gold Corporation"
• The names of any product or service offered for sale by Firestarter.
Any URL on which any product or service is offered for sale by Firestarter.
• The domains on which any product or service is offered for sale by Firestarter.
When setting up the display advertisement in a PPC campaign, it is not permitted to use the display URL for any of our websites and ad text in a display ad may not contain any Firestarter trademarks, or product names, such as "Vacation Voucher Program".
The goal of our guidelines regarding pay-per-click advertisements is to preserve the integrity of the Firestarter brand names and reputation. We do not want members, or for that matter, any third party, representing themselves as Firestarter, or presenting themselves in a way that could be confused with Firestarter.
7. Term of the Agreement.
The term of this Agreement will begin on the date when you join the VVP and will end when terminated by either party. Either you or we may terminate this Agreement at any time, with or without cause, by giving the other party notice of termination. Notice by e-mail, to your e-mail address on our records, is considered sufficient notice to terminate this Agreement.
If you fail to make any payment when it is due, this Agreement is immediately terminated as of such due date.
If this Agreement is terminated because you have violated the terms of this Agreement you are not eligible to receive any commission payments, even for commissions earned prior to the date of termination. If this Agreement is terminated for any other reason, you are only eligible to earn a commission on sales occurring during the term of the Agreement, and commissions earned through the date of termination will remain payable only if the related redemptions are not refunded or charged back. We reserve the right to withhold your final payment for a reasonable time to ensure that the correct amount is paid.
We may modify any of the terms and conditions contained in this Agreement, at any time and in our sole discretion. Notice of any change by e-mail, to your address on our records, or the posting on our site of a change notice of a new agreement, is considered sufficient notice for notifying you of a modification to the terms and conditions of this Agreement. Modifications may include, but are not limited to, changes in the scope of available commission fees, commission schedules, payment procedures, and VVP rules. All such modifications shall take effect 48 hours after we serve notice as provided above, unless we indicate otherwise. If any modification is unacceptable to you, your only recourse is to terminate this Agreement. Your continued participation in the VVP, following our posting of a change notice or new agreement on our site, will constitute binding acceptance of the change.
9. Relationship of Parties.
You and Firestarter are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency franchise, sales representative, or employment relationship between the parties. 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 site or otherwise, that reasonably would contradict anything in this Section. You are not an agent of Firestarter and Firestarter expressly disclaims responsibility for any conduct by you in violation of our terms of agreement.
10. Limitation of Liability.
We will not be liable for indirect, special, or consequential damages, or any loss of revenue, profits, or data, arising in connection with this Agreement or the VVP even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this Agreement and the Affiliate Program will not exceed the total of (i) commissions paid or payable to you under this Agreement, and (ii) any membership fees you have paid to be part of the VVP.
We make no express or implied warranties or representations with respect to the VVP or any Firestarter services or other items sold through the Program (including, without limitation, warranties of fitness, merchantability, non-infringement, or any implied warranties arising out of a course of performance, dealing, or trade usage). In addition, we make no representation that the operation of our site will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors.
12. Representations and Warranties.
You hereby represent and warrant to us that 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; and that the execution, delivery and performance by you of this Agreement are within your legal capacity and power; have been duly authorized by all requisite action on your part; require the approval or consent of no other persons; and neither violate nor constitute a default under the (i) provision of any law, rule, regulation, order, judgment or decree to which you are subject or which is binding upon you, or (ii) the terms of any other agreement, document or instrument applicable to you or binding upon you. Should any law enforcement agency or internet service provider provide Firestarter with notice that you have engaged in transmission of unsolicited bulk e-mails or have otherwise engaged in unlawful conduct or conduct in violation of said service provider’s terms of service, we reserve the right to cooperate in any investigation relating to your activities including disclosure of your account information in connection therewith.
We may disclose to you certain information as a result of your participation as part of the Program, which information we consider to be confidential (herein referred to as "Confidential Information"). For purpose of this Agreement, the term "Confidential Information" shall include, but not be limited to, any modifications to the terms and provisions of this Agreement made specifically for your site and not generally available to other members of the VVP, website, business and financial information relating to Firestarter, customer and vendor lists relating to Firestarter and any members of the VVP, other than you. Confidential Information shall also include any information that we designate as confidential during the term of this Agreement. You agree not to disclose any Confidential Information and that such Confidential Information shall also include any information that we designate as confidential during the term of this Agreement. You agree not to disclose any Confidential Information and that such Confidential Information shall remain strictly confidential and secret and shall not be utilized, directly or indirectly, by you for your own business purposes or for any other purpose except and solely to the extent that any such information is generally known or available to the public or if same is required by law or legal process. We make no warranty, expressed or implied, with respect to any information delivered hereunder, including implied warranties of merchantability, fitness for a particular purpose or freedom from patent, trademark or copyright infringements, whether arising by law, custom or conduct, or as to the accuracy or completeness of the information and we shall not have any liability to you or to any other person resulting from your or such third person’s use of the information.
You hereby agree to indemnify, defend and hold harmless Firestarter, and its officers, directors, employees, agents, affiliates, successors and assigns, from and against any and all claims, losses, liabilities, damages or expense (including attorneys’ fees and costs) of any nature whatsoever incurred or suffered by us (collectively the "Losses"), in so far as such Losses (or actions in respect thereof) arise out of or are based on (i) any claim or threatened claim that your use of trademarked or copyrighted material or the like infringes on the rights of any third party; (ii) the breach of any promise, covenant, representation or warranty made by you herein; or (iii) or any claim related to your site.
Terminated accounts cannot later apply to the Program without our express written consent. This Agreement will be governed by the laws of the United States and the State of Wisconsin, without reference to rules governing choice of laws. Firestarter reserves the right to institute a reserve fund holding commissions for a time period deemed necessary in situations where redemptions and/or sales generated by a member consistently have a high chargeback/cancellation ratio. Firestarter will be the sole and final arbitrator for any and all disputes or claims related to the validity of sales. In order to facilitate accurate record-keeping, multiple member accounts are strictly prohibited. You may not assign this Agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and enforceable against the parties and their respective successors and assigns. Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement.
16. Binding Arbitration.
By participating in the VVP, you agree to binding arbitration for any disputes or claims that arise against Firestarter or its subsidiaries in conjunction with this program. An arbitration firm selected by Firestarter will be the sole and final arbitrator for any and all disputes or claims related or resulting from participation in this program. All decisions rendered are final. You also are responsible for any and all costs related to such arbitration.