Affiliate Agreement

AFFILIATE AGREEMENT

Affiliate Agreement

Background

This affiliate agreement (“Agreement”) is between you (“Affiliate”) and Suzie Lightfoot Communications (SLC), governing the terms of your participation in the Personal Brand Accelerator Course Affiliate Program (“Affiliate Program”).

By enrolling as an Affiliate, Affiliate hereby accepts the terms of this Agreement, and/or by continuing to participate in the Affiliate Program following a notice by SLC of a change in a revised Agreement, via email, Affiliate agrees to be bound by this Agreement and any such noticed revisions.

Affiliate and SLC agree as follows:

  1. Referrals. “Referrals” is defined as any leads who have been referred by Affiliate to The Personal Brand Accelerator Course using the Affiliate’s unique affiliate tracking link (“Tracking Link”). The Tracking Link will be provided by SLC. The Tracking Links are last-click-last-credit, and the cookies created by the Tracking Links have a ninety (90) day expiration. Affiliates may not make any purchases using their own Tracking Link. Any potential referrals who did not use the Tracking Link cannot be subsequently credited to Affiliate’s account.
  2. Referral Activities. Affiliate agrees that they will not promote any products, services or SLC online programs or use a Tracking Link in a way or on a site that: contains sexually explicit materials, contains violent materials, contains defamatory materials, promotes discrimination, promotes illegal activities, directs toward children under age 16, violates the Spam Act 2003 (Cth), violates the guidelines or regulations of the Federal Trade Commission, violates rights to publicity, violates rights to privacy, or violates intellectual property rights.
  3. Affiliate agrees that they will not use their tracking link in any paid placement or advertising via any third party platform, including but not limited to Google AdWords or Facebook Advertising. Affiliate may use paid placements and advertising (and such paid placements and advertising may refer to SLC trademarked terms to direct users towards Affiliate’s own social media profiles and Affiliate’s own websites, where the tracking link sending referrals to the Personal Brand Accelerator Course may be located.
  4. Affiliate agrees that they will not use their tracking link to offer cashback, discounts, or coupon codes that are not directly provided by SLC.
  5. Referral Fees. Referral Fees is defined as the gross revenue of any fees paid by Referrals to SLC for the purchase of the Personal Brand Accelerator Course online program including the 3 Month Group Coaching Bonus offer and Bonus resources and excluding the Woman Of Confidence Elite Group Coaching Academy program and Woman Of Confidence Membership Club,
  6. Affiliate Commissions. SLC agrees to pay Affiliate thirty percent (30%) of any such Referral Fees for all programs. Affiliate Commissions will not be paid on any Referral Fees that have been refunded. Affiliate Commissions for purchases on payment plans or recurring payment programs will be disbursed on a quarterly basis as payments are made. SLC agrees to pay Affiliate any accrued Affiliate Commissions on a quarterly basis, payable following the expiration of the 30-day refund period. Payment shall be made via PayPal.
  7. Affiliate Program Limits. After the initial tracking window, the Affiliate will not be entitled to receive Commissions on any additional purchases of the Woman Of Confidence or Personal Brand Accelerator course/programs by that same Customer.
  8. Promotional Window. The Promotional Window refers to the period for all affiliate promotional activity and referrals using the affiliate link. The affiliate is bound by the Promotional Window set by SLC for all promotional activity referring to the registration for the FREE webinar and Personal Brand Accelerator Course, including all promotional emails, social media posts or any other form of promotional activity authorised by SLC. The Promotional Window period is the active period the affiliate is required to promote the registration of the Live FREE webinar and the signup period for the personal brand accelerator course. The affiliate is notified of the Promotional Window times and dates by SLC inside the affiliate resource centre. The affiliate link is only valid during the Promotional Window.
  9. Promotional Assets and Materials SLC will provide the affiliate with all SLC branded promotional images, logos, social media images, videos and email content for distribution and publication by the affiliate during the Promotional Window. The affiliate agrees to only use official branded images, videos and email content provided by SLC unless otherwise approved and authorized by SLC. The affiliate agrees to following guidelines during the Promotional Window:
    Send a minimum of 3 x official SLC emails to the affiliate’s email database,
    Social media posts across the affiliate’s social media accounts,
    Other promotional activity as authorised and agreed to by SLC, such as podcasts, video content or live interviews with SLC.
  10. Term. This Agreement shall commence on the date of enrolment and shall continue until the Agreement is terminated under this section. Either party may terminate this Agreement at any time, for any reason, with or without cause, via a written notice. Upon termination, SLC will continue to pay Affiliate Commissions for any Referrals that were referred by Affiliate to SLC before the effective date of termination.
  11. Accounting. At any time, Affiliate may access the Personal Brand Accelerator Course online affiliate resource centre to view a report of the number of Referrals, the Referral Fees paid, and any Affiliate Commissions due. The Affiliate will invoice SLC for all commissions payable.
  12. Not an Employee. Affiliate is an independent contractor and is not an employee of SLC.  Affiliate is not entitled to workers’ compensation benefits or unemployment benefits, and is obligated to pay federal, state, or local income tax on any moneys earned pursuant to this Agreement or any other agreement between the parties, if any such taxes are required. Affiliate will maintain workers’ compensation insurance, if required. Affiliate will indemnify and hold SLC harmless for penalties arising from Affiliate’s failure to pay taxes on behalf of or wages to any person.
  13. No Joint Venture. The parties are not engaged in a partnership or joint venture. Nothing in this agreement shall be construed to place the parties in a partnership or joint venture. The parties are not authorized to obligate or bind each other and are not agents of each other.
  14. Relationship Identification. Affiliate may not make any statement that implies a partnership, joint venture, agency, franchise, sales representative, or employment relationship between Affiliate and SLC. Affiliate may not make any statement that implies that SLC is endorsing Affiliate. Affiliate must disclose their affiliate relationship with SLC to the extent required by law.
  15. Warranties. Affiliate represents and warranties that it will not engage in any violations of the SPAM Act or any other laws, rules, or regulations, in promotion of any the Personal Brand Accelerator Course programs or its activities pursuant to this Agreement. Affiliate represents and warrants that it will only engage in promotional activities that are commercially reasonable, are not in violation of the terms of service of any service or website being used and are not misleading to any party. Affiliate warrants that any promotional activities will not infringe upon the copyright, trademark, trade secret, publicity rights, privacy rights, trademarks, or other interests of any other person or property. SLC expressly disclaims any warranties, guarantees, or conditions of any kind.
  16. Indemnification. Affiliate agrees to indemnify SLC against all claims and damages arising out of the breach or alleged breach of any representations, warranties, or agreements made by it under this Agreement.
  17. Damages. To the extent allowed by law, under this Agreement, SLC will not be liable for indirect, special, incidental, punitive, exemplary, or consequential damages, regardless of legal theory, whether or not it has been warned of such damages, and even if all other remedies would fail.
  18. Limited License. Affiliate has a limited, revokable, non-transferable, non-sublicensable, non-exclusive, world-wide, royalty-free license to use and display certain trademarked and copyrighted works regarding the Personal Brand Accelerator Course programs, including graphics, photography, and writings, only as contained in the affiliate resources provided by SLC (“Affiliate Resources”), only for the purpose of promoting the Personal Brand Accelerator Course programs. This license does not include a license to alter, add to, subtract from, or otherwise modify such Affiliate Resources, except at the express written permission of SLC.  This license expires immediately upon termination of this Agreement. Affiliate does not receive any ownership rights or any other interests in SLC, in the various programs offered for sale by SLC, or in the Affiliate Resources, excepted as expressly described in this section.
  19. Contact Information and Notice. Affiliate must have a PayPal account and has the duty to keep their email address (including their PayPal email), tax number, name, business entity, and any other contact information, complete, accurate, and up to date always. Affiliate hereby agrees that any written notice under this Agreement may be sent to Affiliate via the email address provided by Affiliate.
  20. No Waiver. None of the terms of this Agreement can be waived or modified except by an express agreement in writing signed by all the parties.
  21. Privacy Laws. Affiliate must comply with all Privacy Laws when accessing, collecting, storing, using or otherwise handling Personal Information in performing this Agreement.
  22. Competitors. During the currency of this Agreement, the Affiliate must not engage with or do business with any competitor of SLC.
  23. Entire Agreement. This Agreement constitutes the entire agreement between the parties and supersedes all prior or contemporaneous written or oral agreements between them or any of their affiliates, with respect to the subject matter contained herein.
  24. Section Headings. The section headings of this Agreement are for convenience of reference only and shall not be deemed to alter or affect any provision hereof.
  25. Assignment. Affiliate may not assign this Agreement to any other party without SLC’s written consent.
  26. Choice of Law and Venue.  This Agreement shall be governed by, and construed in accordance with, the laws of Brisbane, Queensland, Australia. Any and all disputes, controversies, claims, or differences arising out of, relating to, or having any connection with this Agreement, shall exclusively be brought and heard in Brisbane, Queensland, Australia, and both parties’ consent to jurisdiction in Brisbane, Queensland, Australia.
  27. Severability.  If any provision of this Agreement is held to be invalid, illegal, or unenforceable, the validity, legality, or enforceability of the remainder of this Agreement shall not in any way be affected or impaired.
  28. Counterparts. This Agreement may be executed in any number of counterparts. All counterparts will be taken to constitute one instrument.
  29. Corporate Authority and Acknowledgement.  The persons executing this Agreement on behalf of the Affiliate warrant that they are duly authorized to execute this Agreement on behalf of the Affiliate and that in so executing this Agreement the Affiliate is formally bound to the provisions of this Agreement. The Affiliate agrees that it has had an opportunity to review this Agreement in full, and that checking the box below constitutes valid acknowledgement of this Agreement