Affiliate Program Terms of Use

Viva Dzen – High Quality Kratom Online Shop Affiliate Program Terms of Use

Last Updated: Duben 18, 2025

Welcome! These Affiliate Program Terms of Use (“Terms”) are the agreement between VivaDzen s.r.o., a company registered under laws of Česká republika(CZ) with our office at Freyova 82/27, Praha 190 00 CZ (that’s “Company”, “we”, “us”, or “our”), and you (“Affiliate” or “you”). By joining our Affiliate Program (“Program”), you agree to follow these Terms, which we may update from time to time.

About the Program

The Program allows approved Affiliates to earn commissions by promoting our products or services with unique coupon codes and/or referral links, based on the rules laid out here.

Who’s Eligible

To join the Program, you’ll need to:

• Be at least 18 years old or the legal age in your area.
• Submit an Affiliate application through https://vivadzen.com. We’ll review it and decide based on factors like your promotion methods, audience, and compliance history – it’s our call.

We may ask for more details or documents to confirm your eligibility. If you don’t provide them promptly, we might end your participation.

Commission Details

Affiliates earn commissions at a rate of 10% on each sale referred, on qualifying sales. Here’s how it works:

Net Revenue: Revenue from referred sales after discounts, excluding chargebacks, refunds, credits, processing fees, taxes, and shipping costs.

Qualifying Sales: Initial purchases of products by new customers referred via the Affiliate’s unique tracking code, excluding additional purchases, and excluding customers who are in an active sales process with us, unless otherwise specified by us in writing.

Multi-Tier Commissions

This Program includes a multi-level affiliate structure. Affiliates may earn additional commissions from referrals made by sub-affiliates they recruit, with rates varying based on the tier level as specified in your affiliate dashboard.

How Referrals Are Tracked

We mainly track referrals using unique coupon codes assigned to each Affiliate. Customers must apply these at checkout for you to earn commissions. Referral links are also an option—they’ll try to add the coupon automatically if the tracking cookie is active within 30 days of the click. We use a last-click approach.

The tracking cookie starts when someone clicks your link and lasts 30 days.

Even if the coupon isn’t used, referrals might still be tracked via the cookie, as long as the purchase happens within the 30-day window.

Note: commissions may not apply if tracking fails due to issues beyond our control, like browser settings, ad blockers, or cookie restrictions.

Cookie Duration

Cookies begin when a referral link is clicked and stay active for 30 days. If no purchase is made within that time, the cookie expires, and no commission is earned. We’re not responsible for lost commissions due to cookie expiration or browser issues.

Payment Terms

• Schedule: Monthly payments, processed upon request within 30 days following the end of each month. Unpaid commission is earned 1 days after an order is marked as completed.
• Methods: Bank Transfer
• Threshold: Payments are made once your commissions reach 100 €. Anything below that rolls over to the next cycle.
• Commissions are held for a 30-day refund period and may be adjusted or withheld up to 180 days after a sale for refunds, chargebacks, fraud, or Terms violations.
• Tax Details: Commissions are based on Net Revenue, which excludes VAT/GST unless required by law.
• Tax Documentation: Affiliates may be required to provide tax documentation (e.g., W-9 for U.S. residents or W-8BEN for non-U.S. residents) upon request and identity verification to prevent fraud. If you don’t submit requested forms, payments could be delayed or forfeited.
• Chargebacks and Refunds: If a chargeback or refund occurs after payment has been issued, the Company reserves the right to adjust future commission payments accordingly.

Promotion Guidelines

We ask Affiliates to promote our products or services in a legal, ethical, and professional way:

• Use only the promotional materials we provide or approve in writing.
• Disclose your affiliate relationship in all promotions, as required by law (e.g., FTC guidelines in the U.S.).
• Non-Compete: Affiliates may promote competing products or services, provided such promotion does not misrepresent our offerings or violate these Terms.
• Trademark Use: Permitted for promotional purposes only, not in domain names, social handles, or paid ads targeting our brand terms. Unauthorized use could lead to immediate termination and legal action.

Taxes

Affiliates are responsible for any taxes, duties, or government charges related to commission payments. We’re not liable for any tax obligations you may have.

Prohibited Actions

Affiliates must not engage in the following:

• Sending unsolicited emails or spam, including but not limited to bulk emails, junk emails, or any other form of unsolicited communication.
• Breaching and anti-spam laws, including but not limited to the CAN-SPAM Act and GDPR.
• Using deceptive or false advertising.
• Bidding on our brand terms (e.g., “My Company Ltd,” “Test Website”) in paid search or social media advertising campaigns (e.g., Google Ads, Facebook Ads, Instagram Ads) without prior written approval.
• Promoting on sites with illegal or offensive content.
• Using social media ads.
• Promoting on sites with explicit adult content.
• Using our trademarks in domain names or social media handles.
• Engaging in any form of click fraud or incentivized clicks.
• Using coupon sites to share our coupons or discounts without prior written approval.
• Promoting through malware or adware.
• Using automated bots or scripts to generate clicks or leads.
• Any other methods that violate applicable laws or regulations.

Breaking these rules may result in termination, loss of commissions, and possible legal consequences.

Data Privacy

Affiliates must comply with data protection laws (e.g., GDPR, CCPA) when handling personal information for the Program. We’re not liable for your compliance.

Duration and Termination

These Terms start when you’re accepted into the Program and continue until either of us ends it:

• By You: With 30 days written notice to info@vivadzen.com
• By Us: At any time, with or without reason, including for breaches, suspected fraud, or risks to our reputation, at our discretion.
• Inactivity: If no qualifying referrals occur for 6 months, we may terminate your participation, at our option.

Upon termination, stop using all referral links, codes, and promotional materials immediately. Commissions below 100 € won’t be paid unless we end the Program entirely or terminate you without cause—then we’ll pay valid commissions after review. We may modify or end the Program anytime, notifying you via email or our site, and pay out earned commissions up to that date.

Reporting Tools

You’ll have access to a dashboard to track clicks, referrals, and commissions, updated as we see fit. We’re not responsible for delays or errors due to technical issues.

Indemnification

Affiliate shall indemnify and hold harmless VivaDzen s.r.o., and its affiliate and subsidiary companies, officers, directors, employees, licensees, successors and assigns, including those licensed or authorized by VivaDzen s.r.o. to transmit, store, and distribute the Affiliate’s content, from any claims, damages, losses, liabilities, costs and expenses (including reasonable attorneys’ fees) arising out of or related to any and all claims sustained in connection with this Agreement, including but not limited to any claims arising out of or related to the Affiliate’s breach of this Agreement, the Affiliate’s negligence or willful misconduct, or the Affiliate’s violation of any applicable law.

Affiliate Obligations

The Affiliate shall be responsible for ensuring that information provided to the Company is kept accurate, complete, and up to date.

The Affiliate represents, warrants, and agrees, on the Effective Date of this Agreement and on a continuing basis, that:

• It is duly organised and validly existing under the laws of its jurisdiction of incorporation;
• It has all the necessary power and authority to execute, deliver, and perform this Agreement and to enter into the transactions contemplated by this Agreement;
• The Affiliate agrees that it shall comply with all applicable laws and regulations during the course of this agreement.

Disclaimer of Warranties for Results

We do not guarantee or warrant that the Affiliate will obtain in any specific financial benefit, profit, or outcome. Any financial gains or losses incurred as a result of the Affiliate’s activities are entirely the responsibility of the Affiliate. By engaging with us, you acknowledge and agree that there are no guarantees of financial success, and that outcomes may vary depending on various factors beyond our control.

Intellectual Property

The Company is and shall remain the sole and exclusive owner of all intellectual property rights, including but not limited to patents, trademarks, copyrights, trade secrets, and designs, including those related to Services, content, and documentation made available to the Affiliate.

The Company grants the Affiliate a limited, non-exclusive, non-transferable, and revocable license to use the Affiliate’s IP for the exclusive purpose of carrying out marketing activities to promote the Company’s brand during the term of this Agreement.

Limitation of Liability

To the maximum extent permitted by applicable law, the Company shall not be liable to the Affiliate, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any:

• Indirect, incidental, special, consequential, or punitive damages;
• Loss of profits, revenue, business opportunities, anticipated savings, data, goodwill, or reputation;
• Fines, penalties, or other regulatory sanctions imposed on the Affiliate; or
• Any other economic or non-economic losses arising from or related to this Agreement or the services provided, even if the Affiliate has been advised of the possibility of such damages.

The total aggregate liability of the Company, whether arising in contract, tort (including negligence), breach of statutory duty, or otherwise, and including all attorney fees, shall not exceed the total fees paid by the Company to the Affiliate in the twelve (12) months preceding the event giving rise to the claim.

Force Majeure

Neither of us is responsible for delays due to events beyond our control – like natural disasters, wars, or tech failures – as long as we notify each other promptly.

Contact Us

Questions about the Program? Reach out at info@vivadzen.com.

Non-Exclusivity

This Agreement does not establish an exclusive relationship between the parties. Both parties remain free to suggest, promote, or collaborate with third parties regarding similar products and services. Additionally, each party may engage with other entities in the design, sale, installation, implementation, and use of comparable third-party offerings.

The Affiliate shall ensure that its promotion of other products or services does not misrepresent our offerings or violate these Terms.

Non-assignment

The Parties shall not assign, transfer, delegate, or subcontract any of their rights or obligations under this Agreement, whether by operation of law or otherwise, without the prior written consent of the other Party. Any attempt to assign or transfer this Agreement without such consent shall be null and void.

Updates to Terms

We may update these Terms by posting changes on our site or emailing you. Continuing in the Program after updates means you accept them.