AFFILIATE PARTNER TERMS AND CONDITIONS
(“AFFILIATE PARTNER AGREEMENT”)
PLEASE READ THE ENTIRE AGREEMENT AS THIS IS A LEGAL AGREEMENT BETWEEN YOU (“Affiliate”) AND 418 MEDIA, LLC (“Company”).
This affiliate partner agreement (“Agreement”) sets forth the terms and conditions for participation in the affiliate partner program (“Program,” or “Affiliate Program”). In this Agreement, the term (“you,” “yours,” or “Affiliate”) refers to you as the applicant agreeing to these terms and conditions and participating in the Program. Also in this agreement, the terms (“Legacy Course,” “we,” “us,” “our,” or the “Company”) refers to the product owner and publisher and Program manager 418 Media, LLC.
The Program is administered in part through a 3rd party affiliate management portal in Infusionsoft. You will be given your login credentials upon your acceptance of the Agreement.
As an Affiliate Partner, we expect you to comply with all applicable rules, regulation laws, statutes, ordinances, codes, and guidelines, including those of the Federal Trade Commission (“FTC”) and the utmost integrity when dealing with customers and prospective customers.
We may modify any of the terms and conditions within this Agreement at any time and at our sole discretion. These modifications may include, but not limited to changes in the scope of available referral fees, fee schedules, payment procedures and Program rules. If any of the modifications are UNACCEPTABLE TO YOU, your only recourse is to terminate this Agreement. If you CONTINUE PARTICIPATION IN THE PROGRAM, it will be considered as your acceptance of the change.
To enroll in the Program, you must be approved by the Company and submit the 2016 Affiliate Partner Agreement found at lewishowes.com/legacy-affiliate-agreement-2016/ along with agreeing to the terms set for therein.
You will be issued a special URL or link once you become an approved member of the Affiliate Program which will be unique to you and you only, and will allow you to be paid for affiliate referrals.
Affiliates will receive 48.5% of the sale as a commission from orders placed through properly coded Affiliate links (unless noted otherwise for a particular product). This commission will be minus the amount of any returns, refunds, chargebacks (including but not limited to credit card fraud) and sales attributed to spam. For a sale to generate a commission to an Affiliate, the customer must complete the order form and remit full payment for the product ordered through the secure order system. Word of mouth referrals will not result in an affiliate commission being generated.
Commissions will only be paid on sales that are made when the customer clicks through qualified, correctly structured Affiliate URLs or links. Properly coded links are the sole responsibility of the Affiliate. Affiliate has no right to commissions if a buyer later returns to the Company site through another Affiliate link or source and makes a purchase. AGAIN, you agree to not ask us to change credits for a sale (if you think someone meant to sign up under your link and they ended up signing up under someone else’s instead).
Affiliate has no right to commissions based upon subsequent sales, or where “cookies” are used, overwritten or deleted, even where the customer first arrived at the Company site through your Affiliate link. Commissions will only be paid when the buyer makes a purchase on the same visit using your Affiliate Link of with your “cookie” indicating you as the Affiliate.
Company pays affiliates in U.S. dollars via a PayPal account, mailed check or ACH Payment (U.S. residents only) with necessary information provided to us when a member joins. If payment options change, it is the responsibility of the affiliate to notify the Affiliate Program to ensure proper commission payments. We will not resend payments returned due to incorrect payment email addresses.
Company pay affiliate commissions that were made in a prior period AFTER the refund period has expired.
Affiliate will not be paid any affiliate commissions until Company has received a properly signed and executed W9 (U.S. residents) or W8-BEN (non-U.S. residents). The IRS requires us to collect this information from people who we make payments to.
Company will be solely responsible for processing every order placed by a customer via affiliate links. Affiliates are not authorized to collect payments or sell any products from other websites as a “reseller” and no “resale” rights are granted in ANY way. Affiliates are not authorized to sell any of these products on ebay or other auction sites. Affiliates are not authorized to give away copies of any of these products. Company will also be solely responsible for all customer service inquires. All affiliates understand and acknowledge that no physical products will be shipped.
Customers who purchase products and services through the Affiliate Program will be deemed to be customers of the Company. Accordingly, all rules, policies, and operating procedures concerning customer orders and service will apply to those customers. We may change our policies and operating procedures at any time. Prices and availability of our products and services may vary from time to time. Company policies will always determine the price paid by the customer.
You agree to disclose to the customer that you are an Affiliate Partner.
Company reserves the right to refuse any site entry into the Affiliate Program based on site content. Sites that do not qualify for the Affiliate Program include sites which:
- Promote sexually explicit materials
- Promote violence
- Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age
- Promote illegal activities
- List coupon codes or discounts that were NOT officially provided to them by Company.
- Promotes get-rich-quick schemes that have no tangible business value
- Infringe or otherwise violate any copyright, trademark, or other intellectual property rights of Company, third party or any other site.
TERM AND TERMINATION
The term of this Agreement will begin when you accept and will end when terminated by either party. Either Company or you, the Affiliate, may terminate this Agreement at any time, with or without cause. Upon the termination of this Agreement for any reason, all licenses granted hereunder shall immediately terminate and you will immediately cease use of, and remove from Affiliate’s Web Site, all links to the Company websites, and all Company trademarks and logos, other marks and all other materials provided in connection with this program. You are only eligible to earn commissions on sales occurring during the Term, and commissions earned through the date of termination with remain payable only if the product orders are not canceled. Company may withhold final payment for a reasonable time to ensure against cancellation.
Please reach out to company for any permitted uses of the marketing resources and bonus guidlines. Specific requests by the Affiliate should be emailed to the Company and fulfilled at Company’s discretion. You’ll have access to high-resolution pre-approved photos of Lewis Howes for you to use on your webinar, bonus, and review pages.
The following cases prohibited and are grounds for immediate termination of the affiliate account:
Affiliates MAY NOT use the Company logos, logo marks or other Company or Program website/branding imagery in a header graphic or in any way as to indicate they are officially affiliated or partnered with the Company
Affiliates MAY NOT use the term “Legacy Course,” “Lewis Howes,” “The School of Greatness” or in ANY variation in their site URL ex. (lewishowes.net, legacycoursecouponcodes.com, greatness-course-forms.com, etc.).
Affiliates MAY NOT host or promote “coupon stacking” sites where customers may combine coupons to receive additional discounts.
If you offer a bonus to your referrals you agree to follow the bonus guidelines provided by the Company. Your bonus cannot be valued over $1997. You may not offer cash bonuses, discounts, or a cash donation.
ANTI-SPAM AND UNSOLICITED EMAIL POLICY
WE HAVE ZERO TOLERANCE FOR SPAM EMAIL USE AND WE WILL TERMINATE YOUR AFFILIATE ACCOUNT IF YOU ARE SUSPECTED OF SUCH ACTIVITY.
You, the Affiliate Partner, agrees to abide by all Applicable Laws on the Federal and State levels, including without limitation, the CAN-SPAM Act.
You, the Affiliate Partner, agree that you will not send unsolicited commercial emails unless such emails strictly comply with applicable laws (federal and state) and regulations including, without limitation, the federal CAN SPAM Act. You agree that any email that you send that promotes the Affiliate Program, the Affiliate Program opportunity, or Company products and services must comply with the following:
- There must be a functioning return email address to the sender.
- The email must include my physical mailing address.
- The email must clearly and conspicuously disclose that the message is an advertisement or solicitation.
- The use of deceptive subject lines and/or false header information is prohibited.
- You will honor all opt-out requests, whether received by email or regular mail. If I receive an opt out request from a recipient of an email, you agree to forward the opt-out request to Company.
- All email sent (including, but in no way limited to anything you reply to) with any mention of or linking in any way to our products, services, offering, or anything whatsoever tied to our company must include the direct link for removal. Failure to clearly include removal link is a direct violation of our Anti-Spam policies. Opt-out or removal requests must be honored promptly.
- All email sent with any mention of or linking in any way to our products, services, offerings, or anything whatsoever tied to our company must be fully compliant with the Can-Spam Act. They must also be fully compliant with all our additional anti-Spam requirements as outlined above. Failure to comply with all of our anti-Spam requirements even if your message is Can-Spam compliant is a direct violation of our Anti-Spam policies.
Company strictly prohibits affiliates from using spam e-mail and other forms of Internet abuse (including spamming forums, blogs, Twitter, Facebook and other social media outlets) to seek sales. Spam is defined as including, but not limited to, the following:
Electronic mail messages addressed to a recipient with whom the sender does not have an existing business or personal relationship or is not sent at the request of, or with the express consent of, the recipient through an opt in subscription;
Messages posted to Usenet, forums, Twitter, Facebook and message boards that are off-topic (unrelated to the topic of discussion), cross-posted to unrelated newsgroups, posted in excessive volume, or posted against forum/message board rules. Be conscious of forum rules. If a forum owner or moderator complains that an affiliate has spammed, the affiliate account may be permanently terminated after investigation.
Content posted on free blog websites for the sole purpose of keyword spamming, or comments posted to legitimate blogs that violate the comment policy of the blog owner.
Solicitations posted to chat rooms, or to groups or individuals via Internet Relay Chat or “Instant Messaging” system;
Certain off-line activities that, while not considered Spam, are similar in nature, including distributing flyers or leaflets on private property or where prohibited by applicable rules, regulations, or laws.
Company may undertake, at its sole discretion and with or without prior notice, the following enforcement actions:
Account Termination: Upon the receipt of a credible complaint, the Affiliate Program manager may investigate the complaint, and if necessary, will then terminate the affiliate account of the individual implicated in the abuse. Termination results in the immediate closure of the member and affiliate account, the loss of all referrals, and the forfeiture of any unpaid money on account. At Company’s discretion, termination may not only result in being banned from the affiliate program, but also being banned from ANY other internal affiliate programs.
If you wish to report a violation of our Anti-Spam Policy, please forward all relevant evidence to our customer service department at [email protected]
You agree to comply with the revised FTC guidelines on testimonials and affiliate endorsements that took effect on December 1, 2009. Those guidelines require, among other things, that your promotions disclose that you have a financial or other biased interest in whether someone purchases a product you are recommending (i.e. requires that you disclose that you are an affiliate). Those guidelines also require that any time above average testimonials are used to convey a certain marketing message, that the average results that the consumer should expect to achieve also be clearly disclosed. Company does not authorize you to use any testimonials with its products, except to link to any testimonials that Company has on the pages hosted by Company. You hereby agree not to use fake testimonials or to otherwise engage in practices that would violate any federal or state advertising laws. Failure to comply with this provision can result in immediate termination of this Agreement and of your participation in the Affiliate Program, with no further commissions being owed to you.
All materials provided to you as part of the Product or Program which are the subject of this Agreement are proprietary and may not be duplicated, copied, reproduced, published or displayed in any form without the prior express written permission of 418 Media, LLC. You may not re-use, perform, modify, transmit, re-post or use in any way the content or any derivative works thereof, without the prior express written permission of 418 Media, LLC. All trademarks, logos, and service marks displayed on any materials provided as part of the Product or Program under this Agreement are protected by US and International copyright and Intellectual Property laws. Access to any materials or content online or otherwise as part of the Product or Program subject to this Agreement should not be construed as granting any license or right to use said content, including trademarks, logos and service marks of 418 Media, LLC or any third-party.
RELATIONSHIP OF PARTIES
Affiliates are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. Affiliates have no authority to make or accept any offers or representations on our behalf. Affiliates will not make any statement, whether on their sites or otherwise, that reasonably would contradict this statement.
LIMITATION OF LIABILITY
Affiliate will not be liable for indirect, special, or consequential damages (or any loss of revenue, profits, expenditures or data) arising in connection with this Agreement or the Program, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this Agreement and the Program will not exceed the total commissions paid or payable to the affiliate under to this Agreement.
We make no express or implied warranties or representations with respect to the Affiliate Program or an affiliate’s potential to earn income from the Affiliate Program. In addition, we make no representation that the operation of the websites or the Affiliate links will be uninterrupted or error-free, and Company will not be liable for the consequences of any interruptions or errors.
The waiver by either party of any breach or default in performance shall not be deemed to constitute a waiver of any other or succeeding breach or default. The failure of any party to enforce any of the provisions herein shall not be construed to be a waiver of the right of such party thereafter to enforce such provisions.
If any provision of this Agreement, or any portion thereof, is held to be invalid and unenforceable, then the remainder of this Agreement shall nevertheless remain in full force and effect, and the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision.
You agree to indemnify, defend and hold harmless 418 Media, LLC, its subsidiaries, affiliates, and their officers, managers, employees, agents, attorneys, employees, representatives or assigns from any claims, liability, damages, losses, harm, costs and expenses, including legal fees and expenses or any other detriment incurred by You in any claims arising out of this Agreement, your use of the Services, any breach of this Agreement, including breach of your representations and warranties set forth above, or if any content that you post or publish while using the Services causes 418 Media, LLC to be liable to a third party.
This Agreement represents the entire understanding and agreement of the parties relating to the Program, and any and all prior agreements, understandings, and representations, whether express or implied, written or oral, regarding the Program, are of no further force and effect. In order to participate in certain portions of the Program, you may be notified that you may be required to agree to additional terms and conditions as the program is revised over time. You may receive a copy of this Agreement at any time by emailing 418 Media, LLC at [email protected]
If you have any questions regarding this Agreement or any aspect of our Program, please contact 418 Media, LLC at [email protected]