Affiliate Agreement
You are about to enter into an Affiliate Agreement with Automated Wealth Machines, LLC, (hereafter, AWM) which owns and operates numerous websites, including [Domain_Name].
By participating in the affiliate program offered by AWM (also, the “Program Operator”) at [Domain_Name] (the “website”), you expressly agree to be bound by the terms of this affiliate agreement.
NOTICE: Please read this agreement carefully. Unless you expressly agree and consent to this agreement, you may NOT participate in the affiliate program. By participating in the affiliate program, you agree to comply with and be legally bound by the terms and conditions of this agreement. If you do not agree to all of the terms of this agreement, please do not register for the affiliate program.
This agreement incorporates AWM's Terms and Conditions of Use (located on this website) herein as if it were set forth in full. By agreeing to this agreement, you also agree to be bound by the terms of the Terms and Conditions of Use Agreement.
Throughout this agreement, “affiliate program” refers to the affiliate program operated by AWM for the [Domain_Name] website.
1. THE AFFILIATE PROGRAM
A. AFFILIATES
Each affiliate is an independent contractor of AWM and not an employee. Nothing herein is intended to create an employer/employee relationship.
B. COMMISSIONS & REFERRAL FEES
The Affiliate Program is run by AWM for products and/or services offered at the [Domain_Name] website. Upon being accepted into the AWM-owned Affiliate Program, you will receive an Affiliate User Identification, a combination of numbers, letters and/or symbols. This User Identification is unique to you, and all earnings and communications about the affiliate program relate to this Affiliate User Identification. No two people will have the same Affiliate User Identification.
C. SEQUENCE OF EVENTS AND EVENTUALITIES
Customers place orders by clicking links that lead to the order page for products under the Affiliate Program. These links can be coded by you to include your unique Affiliate Program Identification. When so coded, a link of this type is referred to as your "affiliate link".
Whenever someone orders through your affiliate link, your Affiliate Identification is credited with a commission of 50% of the net sale (after payment processor fees, taxes, etc.), unless otherwise indicated for a particular affiliate program.
If
more than one affiliate brings the same person to the product page,
the most recent affiliate to do so prior to a purchase by that person
will receive credit for the sale. There are no split commissions in
this Affiliate Program.
D. SINGLE TIER AFFILIATE PROGRAM
Unless otherwise indicated, AWM operates a single-tier affiliate program. This means that each affiliate is responsible for his or her own sales. If someone buys a product through an affiliate, and in turn becomes an affiliate, there is no relationship established between the two affiliates for the purposes of this Affiliate Program.
E. AFFILIATE SALES & TRACKING
After signing up for the affiliate program, you will receive a unique Affiliate Identification which you will use to advertise the website and/or its products and services. Instructions are provided on the [Domain_Name] website that show how to apply your Affiliate Identification to create a URL that credits you for any sales per your promotions of our products and services.
F. COOKIE PERSISTENCE
When someone clicks through one of your affiliate URLs, a cookie is set in their browser with your affiliate ID. A cookie is a bit of computer code that is downloaded from a webserver to a user's computer. This enables the server to provide content that is specific to the user. It also enables tracking for purposes of the affiliate program. AWM is not responsible for how cookies interact with all computers in the world. Some people turn off the ability to use cookies (mainly to better ensure privacy). Such practices may actively interfere with the ability of the affiliate program software to track and credit sales.
By participating in this affiiliate program you acknowledge that the above is true and that you will not hold AWM responsible for perceived lack of sales that result from such situations.
When someone visits one of the pages at [Domain_Name] as a result of following one of your links, the cookie that credits your account in the event of a sale persists unless another affiliate induces that person to visit the same page through his or her affiliate link. The most recently followed link determines the cookie and determines who will get credit for any sale made.
In order to receive proper credit for sales, a person or entity must purchase through your unique affiliate URL.
G. IDENTITY OF AFFILIATE PROGRAM PARTICIPANT
Before you may be a sent a commission check for affiliate sales, you must submit to AWM identification information.
Such identification information shall include, at a minimum, the following:
Your full and legal name.
A verified email address. You will be required to confirm this email address before participating in the Affiliate Program.
A mailing address that you can verify upon demand by AWM. Inability to verify the mailing address will be considered sufficient reason to drop an affiliate from the Affiliate Program with the Affiliate forfeiting all commissions owed for the current period.
If a United States citizen, your Social Security number or Employer Identification Number.
Affirmation that you are over 18 years of age. AWM. LLC does not knowingly allow people who are under 18 years of age to participate in its affiliate program. Exception: if you reside in the United States or Canada, you can have your parent or guardian mail – through the United States Postal Service, an application for you to be allowed to participate. This application will be reviewed by AWM. It would be wise for you to include a working telephone number in case there are questions about your application. It will be the sole discretion of AWM as to whether you will be allowed to participate while a minor.
H. COMMISSION SCHEDULE
You are deemed to have earned commissions on a sale once the guarantee period (the time during which a customer may return a product for a full refund) has passed. The program operator will direct the payment processor to pay all commissions earned during a calendar month on the 15th day of the subsequent month.
Commissions paid will be for sales made from the first through the last day of the most recent month following the guarantee period for the product.
Example: If product A is sold on May 1st, and the guarantee period is for 45 days, then the commission is earned on June 14th (45 days following May 1st). This commission will be paid on July 15th.
Commissions are paid by Automated Wealth Management, LLC.
I. PAYMENT PROCESSOR FEES
All commissions are calculated based on the net value of the sale. In other words, all payment processor fees are first deducted from the sums collected from the customer. The remaining amount forms the net value of the sale. The commission rate, unless otherwise specified for a particular product/service or per a special arrangement between AWM and an affiliate) is 50% of the net value of the sale. AWM may also charge a per-transaction fee for every transaction processed.
In the event that a per-transaction fee is applied, the amount of the fee will be clearly shown on the Affiliate application page on the [Domain_Name] website. Any such fee is not commissionable and is also deducted from the gross amount paid by the customer as part of the computation to arrive at the net value of the sale.
J. PAYMENT OF COMMISSIONS TO AFFILIATES
The minimum commission that must be earned before commissions are paid is $10 USD. Commissions below this minimum amount will be held until such time as the commission equals or exceeds this amount.
AWM does pay's commissions only for sales where payment has been made and where a refund was not made within the guarantee period. If a refund is made after the guarantee period, this has no effect on the affiliate and is strictly a good-will gesture by AWM. Affiliates are not responsible for good-will gestures by AWM.
AWM does not pay interest to affiliates on accrued but not yet delivered commission payments.
AWM pays commissions in US Dollars via PayPal. AWM may change the payment processor or add additional payment processors at its sole discretion. If you cannot use the payment processor used by AWM, you may not participate in the AWM LLC Affiliate Program. If the payment processor is changed, all affiliates will be notified so that they can move to the new system.
If you terminate your account with PayPal, your affiliate account with AWM will be inactive for the time during which you are not set up with PayPal.
2. MIXING OF PRODUCTS
As an affiliate of AWM, your website on which you advertise any products or services of AWM may not include content (including but not limited to information, entertainment, products and services) that is not legally capable of being viewed by persons younger than 18 years of age unless you obtain the written approval of AWM's management or owners.
On any website on which you include any reference whatsoever to AWM, its products, services, and eBooks, including those found on the [Domain_Name] website, you may NOT include any reference whatsoever to any form of "Adult," "hate," or otherwise family-unfriendly content.
Further, your website on which you advertise any products or services of AWM or include reference to AWM may not engage in any illegal activity and may not contain material that is libelous; slanderous; violates the rights of privacy or publicity of any individual or company, including any products or services of an individual or company; tortuously interferes with the business or contract rights of any party; misappropriates any ideas, methods, or styles of doing business; or infringes any copyright, trademark, patent, trade secret, or other intellectual property right of any party.
Any
violation of these requirements will result in immediate termination
of your affiliate status and you shall forfeit any
commissions/referral fees that may be due. In the event that any
violation of these requirements results in the suspension or
termination of any payment processor used by AWM, you shall be liable
to AWM for liquidated damages in the amount of $10,000. You agree
that actual damages due to such an event are difficult to estimate,
that this figure is a reasonable estimate of AWM's actual damages for
such an event, and that this amount is not a penalty.
3. INCOME TAX LIABILITIES
Each affiliate is an independent contractor and as such is fully responsible for any or all United States, state, or foreign income taxes and any other tax liabilities that affect or concern the sales of the products or services, in your state or location. If you are NOT a resident of the United States, AWM will withhold the appropriate U.S. income tax applicable to foreign nationals, prior to your receipt of any commissions. AWM does so pursuant to the United States Internal Revenue Service laws (also known as the United States Tax Code) and other applicable laws. It is the affiliate's sole responsibility, and not the responsibility of AWM, to take any steps necessary to recover these sums under the Tax Code and other applicable laws.
4. EMBARGOED NATIONS & SPECIALLY DESIGNATED NATIONALS
The United States controls the export of products and information. Each affiliate agrees to comply with such restrictions and to not export or re-export the materials (including software) to countries or persons prohibited under the export control laws. By becoming an affiliate, you are agreeing that you are not in a country where such export is prohibited or are not a person or entity to which export is prohibited. You are responsible for compliance with the laws of your local jurisdiction with regard to the import, export, or re-export of the materials (including software).
Each affiliate is responsible for compliance with all applicable U.S. laws and regulations, including but not limited to, those laws pertaining to export control. By registering as an affiliate, you warrant that you are not a citizen or resident of a country designated as having Embargoed Nation Status and further, you also warrant that you are not on the list of Specially Designated Nationals or Blocked Persons maintained by the U.S. Treasury Department. The products and/or services are exported from the United States in accordance with the Export Administration Regulations. Diversion to other countries is contrary to U.S. law and is prohibited.
In compliance with the United States Patriot Act, only those who have provided appropriate identification information and do not reside within an embargoed nation and who are not listed on the Specially Designated Nationals list may receive commission checks paid by AWM.
5. SPAM & UNSOLICITED COMMERCIAL EMAIL (UCE)
AWM has a zero-tolerance policy with respect to the sending of unsolicited bulk emails (UCE or SPAM) which promote, or make reference to AWM, or any of their associated companies or websites, Partners, or employees, the websites, products or services. The provisions of the Terms and Conditions pertaining to UCE or SPAM shall apply to each affiliate. Any affiliate who AWM determines, at its sole discretion, to have breached this rule will have their affiliate status canceled and any outstanding commissions will be forfeited. If anyone generates activity resulting in a UCE complaint against AWM, we will comply with all reasonable law enforcement efforts to identify the party or parties responsible.
6. UNPROFESSIONAL CONDUCT
AWM and its associated companies operate with the strictest codes of professional conduct. Any affiliate who AWM determines, at its sole discretion, is bringing AWM or its employees, partners, or associates into disrepute, or who is promoting any form of slander, discrimination, racism, or unfair business practices, will have their affiliate status canceled and the applicant specifically agrees at this time that any outstanding commissions will be forfeited.
AWM
reserves the right to reject any affiliate application if, at AWM's
sole discretion, that person or entity violates established laws or
commonly held standards of decency. For example, we will reject
applications from any person or company that promotes any form of
violence, illegal activities, or from applicants with whom AWM
prefers not to be associated
7. TERM & TERMINATION
This agreement will begin upon your sign-up with the affiliate program and will end when either you or AWM terminates your affiliate status, or if your account is inactive in any continuous twelve month period. An affiliate may terminate this agreement at any time, and for any reason, by writing to - or emailing - AWM at the email address listed on the website. The affiliate may not transfer this agreement, or any rights conveyed in this agreement, to any third party whatsoever.
AWM may also terminate this agreement at any time, and for any reason, by writing to affiliate at the email address listed in the affiliate's Profile, with 30 days notice. AWM may transfer this agreement to any party whatsoever, at any time, and this agreement shall remain in full force and effect, without notice to affiliate. However, if this agreement should terminate for cause due to violation of this agreement or the Terms and Conditions, this agreement shall terminate immediately and affiliate shall forfeit all right to any commissions then due.
8. RIGHTS TO MODIFY AGREEMENT
AWM, and its associated companies may, in good faith, modify any of this agreement and/or the Terms and Conditions (including the affiliate Commission Schedule), at any time and at its sole discretion, by posting a change notice or a new agreement on the website. These changes will come into force immediately upon posting. The affiliate's continued participation in the affiliate program following the said posting of a change notice or new agreement shall constitute binding acceptance by the affiliate of the change.
If any modification to this agreement is not acceptable to the affiliate, the affiliate agrees at this time that the only recourse is to terminate this agreement. Upon termination of this agreement, the former affiliate must remove all affiliate links and graphics from its web site, and refrain from publishing same in any manner whatsoever.
9. NO MISUSE
It is understood that any individual that becomes an affiliate of AWM's Affiliate Program shall not use it in connection with obscene, defamatory, slanderous, hateful, illegal or politically disruptive material, the definition of which shall be at the sole discretion of AWM.
It is also understood that affiliates shall not try to cheat the system in an effort to increase their payments due. If such misuse is detected, the affiliate will be immediately terminated as an affiliate and any sums paid and any sums payable as and for commissions will be withheld. Additional legal remedies may also be sought by AWM.
All affiliates further agree to refrain from engaging in any hostile activity toward the system. Any individual that engages in such hostile activity, such as hacking, shall be held liable for any loss sustained by AWM, or its associates due to such action. Additionally, any monies paid to the affiliate prior to such detection if, if received through activities identified in this paragraph, will be legally owed to the Program Operator, who will have a right to sue the affiliate in the State of Washington for all applicable damages.
10. AS-IS ONLY
There is no warranty or guarantee of any kind with respect to AWM's system as far as reliability, stability, quality or dependability. This means that the Program Operator, or its associates is not responsible for any loss or damage incurred directly or indirectly due to the use of the Program Operator website, products, services, or any other facet of the system. This shall include, but is not limited to, any system malfunction, period of being inoperative or unavailable, loss of data or discontinuation of service, other inconveniences.
11. FEES
Unless otherwise indicated, affiliates shall be charged NO FEE by AWM for setting up an account to join affiliate programs or to join any program.
12. ELECTRONIC COMMUNICATIONS & EMAIL
AWM requires a verified email address be listed in your affiliate Profile. This is also known as a double opt-in process, whereby the affiliate provides an email, the Affiliate Program software sends a verification request to the applicant, and the applicant follows the instructions in the verification request to verify ownership of the email account.
Affiliates will not be able to access or use the Affiliate Program until their email addresses are verified.
Occasionally, AWM will send a notice to affiliates to the verified email account, and may also require that affiliates take a specific action in order to continue on as an affiliate. It is the affiliate's duty to make sure that communications from AWM to the verified email address are received and, when necessary, acted upon in a timely way. Any affiliate with email that continually "bounces" because their email account is "over-quota" or because an autoresponder has been set up in lieu of the affiliate will, at AWM's sole discretion, have his or her affiliate account suspended or terminated.
By signing up as an affiliate under AWM's affiliate program, you are establishing a business relationship with AWM. You thus consent to receive communications from AWM via email and other electronic means.
AWM will communicate with you by email or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that the Program Operator provides to you electronically satisfy any legal requirement that such communications be in writing. It is the affiliate's responsibility to check from time to time his or her email and/or the AWM website to be receive the AWM communications in a timely way.
As an affiliate, you must continually have a valid email account on file with the Program Operator or we reserve the right to terminate your participation immediately, without any refund of any license fees paid or payment of any commission due.
13. UNAUTHORIZED CHARGING OR RECEIPT OF PAYMENTS THROUGH THE SITES
No affiliate, or other person or entity may use the website, or the Program Operator payment processing system, for private transactions.
Any revenue collected through AWM's payment processing system may become the sole property of the Program Operator. Specifically, affiliates may not link to the website for processing of products or services that are not wholly sponsored by the Program Operator and authorized by the Program Operator and further, may not link to the website for processing of any products beyond what the Program Operator has identified as salable products for the website and specific affiliate sales. Should any affiliate of the Program Operator or other person or entity construct links that process orders through the Program Operator payment processing system, the act will be considered an attack of computing resources with intent to damage the website and therefore treated as a serious computer crime. Violators will be prosecuted to the fullest extent of the law.
14. AFFILIATE IDENTIFICATION NUMBERS
You will be provided an affiliate identification number. Your affiliate ID number may be numeric and/or CaSe sEnSitIvE. For example, the code 'learn_more' is different from 'Learn_More'. You are responsible for maintaining the secrecy and security of your affiliate ID number and password. You agree to hold AWM harmless in the event that any such information is shared by you with any other person or entity whatsoever.
15. NO PREDATORY ADVERTISING
All affiliates in the affiliate program agree to refrain from any type of predatory advertising practices, the definition of which shall be at the sole discretion of the Program Operator, and shall include, but not be limited to, dynamically replacing the affiliate ID of one affiliate with that of another with the effect of "stealing" the commission away from the affiliate that earned it, whether this be intentional or not. affiliates may not adjust any of the supplied affiliate links to reset cookies or bypass other safeguards in the system. affiliates understand that engaging in such practices is grounds for immediate termination and forfeiture of any earned commissions.
16. LIABILITY
The Program Operator will not be liable for indirect or accidental damages (loss of revenue, commissions) due to affiliate system sale tracking failures, commission processing system failures, losses of database files or backups thereof, attacks on computing resources, computer viruses, the continued viability of their products, any results of "intents of harm" to the program, or acts of God or Nature. The Program Operator makes no claim that the operation of the websites or the Program Operator network will be error-free nor will the Program Operator be held liable for any interruptions or errors.
17. MISCELLANEOUS PROVISIONS
A) If any part of this agreement or the Terms and Conditions agreement is declared void, the remaining terms of this agreement and the Terms and Conditions shall, to the maximum practicable extent, be construed without reference to that part. No term or provision of the Agreement shall be waived unless in writing and signed by the party waiving the provision, and any waiver shall apply only to the specific event or situation which it describes and shall not be continuing. No affiliate may assign or sublicense this agreement without the Program Operator's prior written consent.
B) All legal or other fees incurred in collecting returned checks or declined credit cards or any other lack of payment related to a sale made by an affiliate will be payable by the affiliate. Any sums not collected from the affiliate or affiliate's customer are not commissionable, and any fees incurred during processing or handling of sales made by the affiliate will be deducted in whole from any commissions due to the affiliate. Further, in the event that the commissions due the affiliate are insufficient to cover any sums, the affiliate agrees to pay the full amount to the Program Operator.
C) If the foregoing limitations or the limitations within the terms and conditions are held to be unenforceable, the program operator's liability for damages under this agreement to any person or entity shall not exceed the amount of fees paid by that person or entity for the product, service, and or ebook or software (license).
D) To the extent you have in any manner violated or threatened to violate the Program Operator’s intellectual property rights, the Program Operator may seek injunctive or other appropriate relief in any court located in King County, Washington, United States and you consent to exclusive jurisdiction and venue in such courts. Use of the Program Operator website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and the Program Operator as a result of this agreement or use of the website, products, and/or services. The Program Operator's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of the Program Operator's right to comply with governmental, court and law enforcement orders. If any portion of the program or this Agreement is judicially determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
E) This Agreement shall be governed and construed in accordance with the laws of the State of Washington, United States applicable to agreements made and to be performed in Washington State. You agree that any legal action or proceeding between the Program Operator and you for any purpose concerning this agreement or the parties' obligations hereunder, will first attempt to be resolved with the help of the online mediation services of the American Arbitration Association, located at https://services.adr.org/eroom/faces/welcome_and_steps.jspx. Any costs and fees (other than attorney fees) associated with the mediation will be shared equally by each of us.
F) If it proves impossible to arrive at a mutually satisfactory solution through online mediation, we agree to submit the dispute to binding arbitration at the following location: for legal actions or proceedings between the Program Operator and you, in King County, Washington, United States under the commercial rules of the American Arbitration Association. Judgment upon the award rendered by the arbitration may be entered in any court with jurisdiction to do so.
By consenting to this Agreement your sole remedy is the mediation and arbitration provisions contained herein, and you hereby waive your right to bring suit in a court of law and the right to demand a jury trial. You will not have the right to engage in pre-trial discovery except as provided in the rules; you will not have the right to participate as a representative or member of any class of claimants pertaining to any claim subject to arbitration; the arbitrator's decision will be final and binding with limited rights of appeal.
G) Any cause of action or claim you may have with respect to the website, the products, the services, or the eBook(s), must be commenced within ninety (90) days after the claim or cause of action arises or such claim or cause of action is barred. The Program Operator 's failure to insist upon or enforce strict performance of any provision of this agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this agreement. the Program Operator may assign its rights and duties under this agreement to any party at any time without notice to you. Use of headings in this document is for convenience only and does not identify legal boundaries or terms explicitly.
H) The Program Operator may modify this agreement, and the agreement this creates, at any time, simply by updating this posting and without notice to you. This is the ENTIRE agreement regarding all the matters that have been discussed.
I) The Program Operator may transfer any rights or responsibility that it may have to any person or entity whatsoever. Nothing herein shall alter or encumber the right of the Program Operator to transfer any such rights or responsibilities. Any transfer by the Program Operator shall cause this agreement, and any other agreement then in effect (as well as any other contract between you and the transferring party) to transfer simultaneously, all without permission.
J) Should this affiliate program be deemed illegal in any jurisdiction, the Program Operator has the right to immediately terminate this program, without recourse. If the payment processors utilized by the Program Operator determine that sales made through affiliates cannot be processed through the payment processor, then the Program Operator has the right to immediately terminate this Program, without recourse. Nothing herein is intended to imply that the Program Operator will always offer any affiliate program, or this affiliate program, for all products, services, and/or opportunities sold by the Program Operator on the websites or that the Program Operator will offer any affiliate program whatsoever.
K) Any rights not expressly granted herein are reserved to AWM, its owner(s) and management team.
Parts of this agreement Copyright © 2008 Law Office of Michael E. Young PLLC, and parts are © 2009 Automated Wealth Machines, LLC. This agreement is licensed for use by the owner of this website. All Rights Reserved. No portion of this document may be copied or used by anyone other than the licensee without the express written permission of the copyright owners.