Affiliate Agreement
Introduction
This Affiliate Agreement is made and entered into by and between Publishing.com (hereinafter referred to as “Company”) and you, the potential affiliate and/or Affiliate (hereinafter referred to as “Affiliate”) as of the date in which the Affiliate confirmed its acceptance of this Agreement and signed or otherwise affirmed consent herein to be legally bound to the terms and conditions as outlined. (“Start Date”).
WHEREAS, Affiliate represents and warrants it has an honest and well-intentioned desire to become an affiliate of Company’s products and/or services, based upon its personal experience with Company’s services;
WHEREAS, Company desires to market its products and services through Affiliate via Affiliate’s unique link (“Affiliate Link”), and to allow Affiliate to post Affiliate Link and advertise to others in accordance with the terms and conditions as outlined herein.
THEREFORE, the parties mutually and voluntarily agree as follows:
1. AFFILIATE PROGRAMS
- Publishing.com Accreditation (“Accreditation Program”)
If selected by Company, Affiliate’s book that has been published utilizing Company’s services will be “certified” by Company with a seal of approval and a promotional page that includes an Affiliate Link unique to the Affiliate. Affiliate will receive commission for all those who purchase Affiliate’s book and subsequently purchase Company’s program via the Affiliate Link located inside Affiliate’s book and in all appropriate places posted by Affiliate, in accordance with the terms and conditions as outlined herein.
- Publishing.com Affiliate Promotion
Affiliate may also be selected as an affiliate of Company by simply referring others via an Affiliate Link to Company’s checkout page or webinar, if such referral leads to a Company sale.
2. AFFILIATE TERM
This Agreement shall begin on the Start Date and will continue in full force and effect until properly terminated by either party, or until Company ceases to offer its affiliate program, which it may do at any time, without such termination being considered a breach of any kind. It is within Company’s sole and exclusive right to elect to continue this affiliate program, and may elect to continue or terminate at any time, with or without notice to Affiliate.
3. ADMISSION
Admission into either affiliate program of Company is available via application only, and is created upon Affiliate’s notification of approval of its completed and properly submitted application. No affiliate relationship will be created absent Company’s express, written consent via notification of the approved affiliate application.
4. TERMINATION
Company may terminate the relationship at any time, with or without notice, should Affiliate fail to comply with the terms of this Agreement. If this occurs, the termination is effective immediately, and Affiliate will be paid ONLY up until the date of the breach of this Agreement. (Date of breach is to be decided by Company and shall be controlling.) Following termination, Affiliate’s link will cease to exist, and Affiliate will not be able to earn commission through the Affiliate Link or use it in any way.
Affiliate may terminate this Agreement at any time by providing Company with written notice of its intention to terminate the Agreement, to the extent such termination is possible. Affiliate understands that upon cancelation or termination of this Agreement, for any reason, by either party, any and all rights to use Company’s promotional materials also ends.
Termination of Accreditation Affiliate Relationship: If Affiliate has a published book that includes an advertisement page, Affiliate confirms such relationship may not be terminated, as it will be included in all books that have been purchased and are available for purchase.
5. COMMISSION
- Accreditation Program
For all completed sales made through Affiliate Link assigned to Affiliate through the Accreditation Program, Affiliate will receive a commission of five hundred U.S. dollars ($500USD). “Completed Sale” means a purchase made on Company’s website, tracked through Company’s system and indicates Affiliate’s link as the source of the purchase, and actually paid to Company, less any transaction fees owed to third party payment companies. No commission will be paid for attempted sales that are not completed due to inability to run credit card or otherwise complete the sale, nor will commission be paid when a purchaser requests a refund or otherwise is refunded within thirty (30) days of making the initial purchase. Commission will also not be earned on products purchased by Affiliate using the affiliate link, or members of Affiliate’s family. Purchasers must be separate individuals in need of Company’s services.
- All Other Affiliate Programs
For all other affiliates outside of the Accreditation Program, Affiliate will receive commission in the following structure:
(i) A one thousand dollar commission ($1,000 USD) for all Completed Sales of an AI Publishing Academy Purchase, if Affiliate refers a customer directly to the checkout back from a review or testimonial video;
(ii) A one thousand dollar commission ($1,000 USD) if Affiliate directs cold traffic to a Company webinar that subsequently converts into a sale of an AI Publishing Academy Purchase.
Commissions will be paid monthly via the third party platform of Company’s choosing. Affiliate will only be eligible to receive commission on Completed Sales that have passed Company’s thirty (30) day refund policy - any and all commissions earned on sales that are subsequently refunded within the 30-day window will NOT be considered earned, and will not be paid to Affiliate.
Affiliate will notify Company of its proper email address and/or information in order to complete payment within the Affiliate Application completed herewith.
Company reserves the right to change the commission rate and structure at any time, and will make reasonable attempts to notify Affiliate at the time of such change. Affiliate’s current commission rate when it signs on to become an affiliate cannot be “locked in” or otherwise preserved beyond the quarter in which it was signed.
6. TAXES
Affiliate understands it not an employee of Company; Company has no control over Affiliate’s business or work. At the appropriate time in the year, if Affiliate has made over $600 U.S. Dollars through the affiliate program with Company, Company will provide Affiliate with the appropriate 1099 form confirming payments made throughout the year. Affiliate understands Company is not responsible for paying taxes on the income made; Affiliate will withhold an appropriate amount and pay taxes on the income herself.
7. PROMOTIONAL MATERIALS
Company may choose to provide Affiliate with promotional materials, including photos, suggested copy, links, and descriptions of all templates and bundles available for sale on Company’s website (hereinafter “Promotional Materials”). Affiliate is welcome to use the Promotional Materials as it wishes, but does not have to, and may simply promote Company’s products and services directly through clients and its community.
Company requests that Affiliate use suggested copy and descriptions provided by Company for any posts or communications promoting Company’s products and services in order to ensure accuracy and completeness of all descriptions, and to avoid misstating or mislabeling any programs or miscommunicating anything about Company’s programs. If Affiliate is at all unsure of how to explain or how to describe Company’s products, Affiliate will simply refer the potential customer to Company’s website via Affiliate’s unique link; Affiliate will not attempt to answer a potential customer’s questions that should be directed to Company.
8. ADVERTISEMENT
Affiliate understands that any and all actions it takes are a direct reflection of Company, and can create liability on the part of Company. Given this information, Affiliate will take special care and caution in drafting any promotional text that Affiliate intends to use, including but not limited to postings on social media, emails going out to Affiliate’s email list, and information being provided to Affiliate’s clients and community. Affiliate may email any draft text to Company for feedback and approval of language, if there is any concern or questions. If Affiliate desires to use the Promotional Material created by Company, no prior approval is needed.
Affiliate will not use any forms of paid advertisement to promote Company other than offering Affiliate’s book for sale, including but not limited to Facebook Advertisements. Affiliate may “boost” an approved post promoting Company on Facebook or Instagram and/or a LIVE video promoting Company, but may not engage in any other paid advertisement unless agreed to in writing by Company.
Affiliate agrees it may not assign its rights as an affiliate to any other company or individuals, including a fully owned subsidiary, and shall not delegate the tasks of marketing or promoting Company’s services to anyone else on its team, in order to preserve the affiliate relationship and ensure any and all marketing or promotion remains of high quality.
9. USE OF INTELLECTUAL PROPERTY
Upon completion of this Agreement, Affiliate is hereby granted a revocable, non-exclusive license to use the Promotional Materials provided by Company, as well as Company’s logo and name, for as long as this Agreement remains in effect. Affiliate may include Promotional Materials on its website to allow website visitors direct access to Company website and affiliate purchase link; however, Affiliate may not alter, distribute, reproduce, or create new images or text from Promotional Materials, without express approval by Company prior to use. Affiliate is not licensed to use any intellectual property of Company other than that which is provided as Promotional Material, or sharing links/posts already posted by Company.
Affiliate also grants Company a revocable, non-exclusive license to use Affiliate’s trademark, business name, web page titles, and other copyrighted materials for the purpose of promoting or marketing Affiliate’s participation in the Affiliate Program. No such promotion will be made without permission from Affiliate.
10. CUSTOMER SERVICE/QUESTIONS
Affiliate agrees it will refer any questions or clarifications requested from a prospective client or purchaser of Company’s products, to Company, unless such question relates to Affiliate’s personal experience with Company, and/or is a question Affiliate feels very comfortable answering given his/her status as an alumni of the program. Should a prospective client have any such questions for Company that Affiliate cannot or does not feel comfortable answering, Affiliate will direct this person to Company for clarification or to answer any questions. Such referral will not affect or impact Affiliate purchase in any way – prospective client may still use Affiliate’s link to purchase, and Affiliate will still obtain commission for any purchase made through Affiliate’s link.
11. LIMITATIONS OF LIABILITY
Affiliate represents and warrants that it has authority to enter into this Agreement and has all necessary rights and permissions to lawfully abide by and undertake each Affiliate obligation outlined in this Agreement. Affiliate represents that its business and company operate for legal purposes only, and does not or will not contain any material that it does not have express permission to post, or is illegal.
Company will not be liable to Affiliate for any lost profits (estimated or real), or for any damages, including but not limited to direct, indirect, special, consequential, punitive, incidental, foreseeable, or unforeseeable, under any theory of liability, including but not limited to contract or tort law. Any determined liability of Company shall in no event exceed any fees paid under this Agreement.
Affiliate is choosing to voluntarily participate as an affiliate of Company based upon its personal experience with Company, desire to promote Company, and honest belief that Company’s services are needed by those they know. Affiliate agrees to indemnify and hold harmless Company, and its owners, employees, contractors, other affiliates, or successors from any and all claims or causes of action, alleged liability, damages, or otherwise stemming from Affiliate’s participation as an affiliate of Company. Should Affiliate become dissatisfied with any portion of its relationship as an affiliate of Company, it agrees it will elect to terminate the relationship and no longer serve as an affiliate of Company. Affiliate will not seek damages nor attempt to file any claim against Company for any perceived loss of income, earnings, or other similar claim that may or may not arise out of the affiliate relationship.
12. EMPLOYMENT
Affiliate understands and agrees that he/she is not to be considered or categorized as an agent, employee, partner, or other representative of Company, and Affiliate shall not represent himself or herself in that way to any third party, or within any advertising materials.
13. NO WAIVER
The failure of either party to seek damages under this Agreement based upon a perceived breach, or failure to insist on strict performance of any portion of this Agreement shall not be deemed a waiver of the party’s right to seek strict compliance of the Agreement in the future.
14. APPLICABLE LAW / DISPUTE RESOLUTION
This Agreement shall be governed by and under control of the laws of Texas regardless of conflict of law principles, and regardless of location of Affiliate. Affiliate understands this and agrees that the laws of Texas are to be applicable here.
Affiliate understands this is a voluntary program, not employment, and that no specific level of compensation or commission is guaranteed. Should Affiliate become dissatisfied with its position as an affiliate, he/she agrees that his/her recourse will be to terminate this Agreement, and simply not act as an affiliate beyond this term.
Should a dispute arise between Company and Affiliate, the parties agree to attempt to resolve by good-faith negotiations and discussions. (Affiliate agrees that failure to achieve certain financial goals as an Affiliate are not a basis for a “dispute” and agrees he or she does not hold Company responsible for any specific results, or those results that have been achieved by other Affiliates.) If unable to reach a resolution informally, the parties agree that all disputes will be submitted for Arbitration by the American Arbitration Association, to be completed in Austin, Texas, within a reasonable amount of time. The parties agree to participate in the arbitration process in good faith and in a manner that will effectively and efficiently resolve the dispute at hand, including the exchange of any materials, documents, or information. The decision made by the arbitrator is to be final and binding on both parties, and is not to be appealed or otherwise set aside. It is to be enforceable in any court of proper jurisdiction as a judgement of law or decree.
15. AMENDMENTS
This agreement may be altered, updated, or otherwise amended by Company at its sole and exclusive discretion, based upon changes to the affiliate program, updates in laws, or otherwise. Affiliate agrees to review this Agreement periodically for updates, and to review any notices sent by Company regarding the update of this Agreement. Affiliate’s continued participation within the affiliate program constitutes full and complete agreement to the most recent version of this Agreement.
16. CONFIDENTIALITY
Affiliate agrees to keep the details of commission made in connection with this Agreement confidential, and will not discuss with others, including other affiliates, without permission to do so from Company.
Company and Affiliate agree this Agreement constitutes the entire agreement, superseding any and all prior agreements, discussions, correspondence, or proposals between parties. Affiliate understands that if something is not included in this Agreement, it does not apply and is not included within the affiliate program. Affiliate has taken any necessary measures to discuss further and have any questions answered by Company, and is in full agreement with the terms outlined herein.
