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The parties agree as follows:
AFFILIATE will refer DV clients for dental implant marketing and coaching and consulting services.
AFFILIATE agrees to follow guidelines communicated by DV about targeting prospective clients, setting client expectations, adhering to brand guidelines and representing DV brand to the marketplace.
Independent Contractor
In providing the Services under this Agreement it is expressly agreed that the AFFILIATE is acting as an
independent contractor and not as an employee. The AFFILIATE and DV acknowledge that this agreement does NOT create a partnership or joint venture between them and is exclusively a contract for referral service. DV is not required to pay, or make any contributions to, any social security, local,
state or federal tax, unemployment compensation, workers' compensation, insurance premium, profit-sharing, pension or any other employee benefit for the AFFILIATE during the Term.
The AFFILIATE is responsible for paying, and complying with reporting requirements for, all local, state and federal taxes related to payments made to the AFFILIATE under this Agreement.
Commission
DV will pay client commission on payments collected
DV will pay a commission of 10% per month on referred clients who signed up for DV service agreements and have made support fee payments.
Commission is based on the net support fee collected after any discounts are applied according to DV
client service agreement. If support fees are not collected for any reason, then commission will not be
paid.
Commissions will be paid in 14 days after the client payment is completed.
Qualified Referrals
Qualified Referrals are leads submitted through agreed-upon channels and clearly identified as referred by AFFILIATE. Qualified leads do NOT include leads we already have in our database, not referred by AFFILIATE, that we have documented contact within the last 120 days.
Reporting
DV will provide reporting to AFFILIATE regarding client status, support fees collected, and
commissions paid and due through the affiliate's Thrivecart account.
Termination
Both parties retain the rights to end the agreement at anytime for any reason with the only liability of DV being remaining commission payouts for collections up on active client agreements referred before the termination date.
Termination must be submitted in writing.
In the event of a sale or transfer of ownership of DV, the affiliate agreement will be terminated. DV will
transfer only liability to pay remaining commission payouts for collections on active client agreements referred before the termination date.
Confidential information
(the "Confidential Information") refers to any data or information relating to DV, or DV customers
whether business or personal, which would reasonably be considered to be private or proprietary to the
DV and/or DV customers and that is not generally known and where the release of that Confidential
Information could reasonably be expected to cause harm to the DV. The AFFILIATE agrees that they will
not disclose, divulge, reveal, report or use, for any purpose, any confidential information which the
AFFILIATE has obtained, except as authorized by the DV or as required by law. The obligations of
confidentiality will apply during the term of this Agreement and will survive for 36 months termination of
this Agreement.
Intellectual Property
DV may share with AFFILIATE intellectual property and related material, including promotional materials,
campaign performance data or any data or information relating to DV, or DV customers not generally known in order to facilitate AFFILIATE referral activities. (the "Intellectual Property") that is shared is the sole property of the DV. The AFFILIATE may not use the Intellectual Property for any purpose other than that contracted for in this Agreement except with the written consent of DV. The AFFILIATE will be
responsible for any and all damages resulting from the unauthorized use of the Intellectual Property.
Modification of Agreement
Any amendment or modification of this Agreement or additional obligation assumed by either Party in connection with this Agreement will only be binding if evidenced in writing signed by each Party or an authorized representative of each Party.
Assignment
The AFFILIATE will not voluntarily, or by operation of law, assign or otherwise transfer its obligations
under this Agreement without the prior written consent of DV.
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Entire Agreement
It is agreed that there is no representation, warranty, collateral agreement or condition affecting this
Agreement except as expressly provided in this Agreement.
Titles/Headings
Headings are inserted for the convenience of the Parties only and are not to be considered when
interpreting this Agreement.
Governing Law
This Agreement will be governed by and construed in accordance with the laws of the State of Texas.
Severability
If any of the provisions of this Agreement are held to be invalid or unenforceable in whole or in part, all
other provisions will nevertheless continue to be valid and enforceable with the invalid or unenforceable
parts severed from the remainder of this Agreement