Alvas Affiliate Program

This Agreement is entered into by and between Alvas LLC dba Alvas Barres Floors Mirrors (hereafter “Alvas”), and the legal entity identified at the end of this Agreement as “AFFILIATE” (hereafter “Affiliate”). This Agreement shall become effective upon the date on which it is signed by Affiliate. Alvas and Affiliate will be referred to together as Parties in this Agreement.

BASIS OF RELATIONSHIP

The relationship created by this Agreement is based on the following facts:

A. Alvas is a United States manufacturer and an international distributor for high quality ballet barres, glassless mirrors, and dance floors (“Alvas manufactured products”), as well as other dance accessories, which are sold under various trademarks, including but not limited to the Alvas Barres Floors Mirrors®, FloatFloor®, Matlay®, and Marlay® trademarks owned by Alvas. Alvas, through its marketing efforts, has created a quality image and goodwill among consumers and within the ballet and dance industries.

B. Affiliate has represented to Alvas that Affiliate has the capability, facilities, technical abilities, and interest to market and sell Alvas products in a manner that promotes and enhances Alvas quality image and goodwill. Affiliate has further represented that it meets Alvas standards for Affiliates in the areas of online product display, demonstration and promotion, and such other standards as are set forth in this Agreement.

C. Alvas and Affiliate desire to enter into this Agreement to establish the relationship of distributor and retail Affiliate.
Therefore, on the basis of the foregoing, and in consideration of the mutual covenants set forth in this Agreement, the Parties agree as follows:

Affiliate Requirements and Permissions

1.1 Requirements: Affiliate agrees to market designated Alvas products on its website, blog, social media accounts, and other forms of online presence by using Alvas customized linking tools. Affiliate must represent Alvas products appropriately as being products exclusively owned by Alvas, including using Alvas registered trademarks for FloatFloor®, Matlay®, Marlay® and any other Alvas registered trademarked products. A failure to properly label Alvas products could result in a denial of Affiliate’s affiliate discount on the corresponding order and/or terminate Affiliate’s right to participate in the program. Prior to posting any of Alvas’ products, Affiliate agrees to provide Alvas with a copy of what it intends to post and receive Alvas’ written permission prior to posting. Affiliate may request artwork, designs, advertising pictures, or other such items directly from Alvas and utilize such items in the posts, or Affiliate may choose to make its own.

1.2 Permission: After receiving written approval to post, Affiliate may post Alvas’ products, with the customized linking tools and Alvas’ logo. All postings of any kind must clearly show that they are Alvas’ products.

Commission & Discount

2.1 Commission: Affiliate can receive a thirty (30%) commission for qualifying purchases. The Affiliate provides their Affiliate code to their client. This will allow their client to receive three (3%) off of their qualifying purchase. Then a thirty (30%) commission payment will be sent to the Affiliate. To earn a commission, the client must use the Affiliate’s code during the time of purchase.

2.2 Discount: Affiliate can choose to receive an immediate thirty-three (33%) discount on qualifying purchases. To earn the immediate discount, the Affiliate must either use their Affiliate discount code while paying through Alvas’ website’s shopping cart OR receive an Estimate/Invoice from Alvas with the discount included on the qualifying purchase and pay through the Alvas’ website’s Make A Payment link.

3. Qualifying Purchases:

3.1 Some items do not qualify for a commission or discount. Disqualified items are: Any Glassless Mirror products, Gaffers and Vinyl Tape, Sound Absorption Panels, Barre Floor Mirror Sample Box, replacement parts, consultations, rentals, fees, labor, and shipping, as well as sales tax. If the Affiliate is unsure, they should contact Alvas. All qualifying items must include the Affiliate’s affiliate code at the time of purchase.

4. Termination of Agreement:

4.1 Alvas reserves the right to change or terminate Affiliate’s participation in the Affiliate program at any time with or without cause. Alvas will provide a written termination notice to Affiliate through the usual means of written communication with Affiliate whether that be through email or physical written communication through the mail. Termination is effective immediately upon the termination date stated in the notice. Any qualifying purchases occurring prior to the date of the termination notice shall be honored.

5. Miscellaneous Terms and Conditions

5.1 Agreement Not Assignable or Transferrable by Affiliate: This Agreement is between Alvas and Affiliate only, and Affiliate may not assign or transfer any of its rights under this agreement in any manner whatsoever. Should Affiliate become aware of any information that would give Affiliate a good faith belief that a direct or indirect change in ownership, including a change in legal structure of Affiliate, is likely to occur, Affiliate shall promptly notify Alvas and provide Alvas with sufficient information, in Alvas determination, to assess the business implications of the anticipated change in ownership or legal structure, but receipt of such information shall not create or impose on Alvas any obligation to do business with the prospective owner(s) or new legal entity, either prior to or after the actual change in ownership or legal structure occurs. Without limiting the foregoing, a change in ownership of any entity that owns Affiliate constitutes a change of ownership of Affiliate within the terms of this Paragraph.

5.2 Entire Agreement: This Agreement contains the entire Agreement of the Parties and there are no promises or conditions in any other Agreement, whether verbal or written. This Agreement supersedes any prior written or verbal Agreements between the Parties. Other than Alvas’ or the Affiliate’s right to terminate, this Agreement may be modified or amended only by a written agreement signed by both Parties. If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable.

5.3 Severability: In the event that any of the provisions of this Agreement, or the application of such provision to one or both of the Parties should be held to be unenforceable, said provision shall be deemed severed from the Agreement, and shall not affect the validity or enforceability of any provision in this Agreement.

5.4 Applicable Law: This Agreement shall be governed and interpreted by the laws of the State of California, and any dispute arising hereunder shall be determined by the application of the laws of the State of California.

5.5 Headings: The headings contained in this Agreement are for convenience or reference only and shall not constitute a part hereof or define, limit, or otherwise affect the meaning of the terms or provisions hereof.