SELL WITH A SUMMIT AFFILIATE PROGRAM
TERMS AND CONDITIONS
Sell With a Summit’s affiliate program is owned and operated by Sell With a Summit, (referred to as “Company,” “us” or “we”) a digital event and product business, with a principal place of business in Ohio, USA. We offer virtual summit all-access pass bundles and replays (collectively referred to as “products”) at sellwithasummit.com (the “site”). In order to market and promote our products we host an Affiliate Marketing Program (the “program”), where you (“you” or Affiliate”) may advertise and promote the site and its products in exchange for a commission.
By signing up to participate in the program you agree to be bound by these Terms and Conditions (“Terms” or “Agreement”), as effective starting on the day you register as an affiliate (“effective date”). We do reserve the right to change these Terms from time to time and will notify you when such changes are made.
- Affiliate Link and Platform.
We utilize ThriveCart (the “platform”), a third-party affiliate marketing software, to manage our program. When you sign-up for the program, you will be prompted to create a profile which will give you access to the platform. Within the platform, you will have your own affiliate portal in order to check your clicks, conversion statistics, and payout information. You can access your affiliate portal at any time.
In your portal, we will provide you with a unique affiliate link to share with your community and track your promotional efforts. YOU MUST USE THE LINK PROVIDED INSIDE THRIVECART, NOT THE LINK IT REDIRECTS TO. It is important that when marketing our products, you use your unique affiliate link. Only sales that are tracked through your ThriveCart affiliate link will receive a commission payout.
- Commission Rate and Payouts.
You will be compensated on a commission only basis for your participation in the program. You will receive a 30% commission for every customer that purchases our products using your unique affiliate link. Commission is calculated based on gross revenue of sales.
You will receive payout for commissions via PayPal on the 15th day of the month after the commission is processed. In the event your commission cannot be processed due to customer chargebacks, we will notify you in writing at the time in which you would normally receive your payout.
- License for Promotional Materials.
Company may, at its sole discretion, provide you with creative content ideas, email swipe copy, social media swipe copy, graphics, videos, and other content (collectively referred to as “promotional materials”) to assist in the active promotion of the products. During the Term of this Agreement and for the sole purpose of promoting the products, Company grants to Affiliate a non-exclusive, royalty-free, fully-paid, worldwide, license to use, reproduce, copy, modify and make derivative works, market, distribute, and transmit, the promotional materials.
- Advertising Compliance.
You shall not engage in any deceptive advertising practices when promoting our products. You agree to always disclose your affiliate relationship with Company, and to adhere to all applicable marketing and advertising laws, including but not limited to the FTC (Federal Trade Commission). In the event, you are found to be in noncompliance with any federal, state, or local laws regarding consumer protection or disclosure laws, you shall bare the sole responsibility for your conduct in accordance with paragraph 7 (“indemnification provision”) of these Terms.
- Non-Disparagement. You acknowledge and agree that your primary participation in the program is to promote our products in a positive light in order to generate sales. Therefore, it shall be deemed a material breach of this Agreement if you, at any time during the Term, and thereafter make any disparaging, false, misleading, or otherwise defamatory comment(s) about the Company, and/or its employees, agents, directors, officers, affiliates, products, and/or services.
- Intellectual Property Ownership.
Company’s Property. You acknowledge and agree that all content, including promotional materials, presented within the scope of your participation in the program are the sole property of Company and are protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Any unauthorized use of Company’s materials shall be deemed a violation of Company’s intellectual property rights and shall result in criminal and/or civil penalties.
Your Property. Any content you create in furtherance of your participation in the program, including but not limited to social media posts, podcasts, blog posts, and email marketing, shall be deemed your sole and individual property. Notwithstanding the foregoing sentence, you shall not use Company’s logos, images, likeness, or other proprietary information in your content without Company’s express written permission.
Joint Property. Should you decide to co-create or develop any content with us during the Term of this Agreement, including but not limited to, trainings, products, or educational materials for the purpose of promoting the products, all subsequent works will be jointly co-owned by you and Company as defined under 17 U.S. Code § 101 of the Copyright Act.
Each party agrees to indemnify, defend, and hold the other party harmless from all foreseeable claims, losses, expenses, fees (including reasonable attorneys’ fees) costs, and judgements, that may be asserted against the other party that results from its breach of this Agreement, its negligence, or its willful misconduct.
- Limitation of Liability.
Except for indemnification obligations, neither party will be liable for damages that are remote or speculative, or that the breaching party could not reasonably have foreseen when entering into this Agreement.
- Term and Termination.
The Term of this Agreement shall commence on the Effective Date and will remain in effect until terminated. You may terminate this Agreement by ending your participation in the program at any time. Company may terminate this Agreement at any time due to breach by affiliate, or by written notice to you.
The Parties agree to keep confidential any and all proprietary information relating to the other party’s business, and any other information not generally made available to the public (collectively, “Confidential Information”). The term Confidential Information includes the terms of this Agreement. The Parties shall use all commercially practicable efforts to safeguard the secrecy and confidentiality of each other’s Confidential Information, and shall not disclose any of the Confidential Information to any third party (other than as required to fulfill its contractual obligations or with the written consent of the other party), during the Term and thereafter.
- Miscellaneous Provisions.
(a) Governing Law. These Terms shall be governed by and construed in accordance with the laws of the State of Ohio without regard to conflict of law principles.
(b) Representations and Warranties. Each party represents and warrants to the other party that it has the right to enter into this Agreement and fulfill its obligations without violating any other agreement entered into with any third-party. Each party further represents and warrants to the other party that to the best of its knowledge, any and all materials or information of any kind that it provides: (i) does not infringe upon any third-party rights of any kind, including without limitation, any intellectual property rights, unfair competition, or publicity or privacy rights; and (ii) is true and accurate in all respects.
(c) Assignments. The benefits and obligations of each of the parties under this Agreement may not be assigned without the written consent of the other party.
(d) Schedules and Exhibits. All Schedules and Exhibits to this Agreement, if any, are incorporated by reference into, and made a part of, this Agreement.
(e) Severability. In case any one or more of the provisions contained in this Agreement, for any reason, is held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provisions of this Agreement, and shall be construed as if such invalid, illegal, or unenforceable provision had never been contained in this Agreement.
(f) Interpretation. The fact of authorship by or at the request of a party must not affect the construction or interpretation of this Agreement.
(g) Modifications and Amendments. No modification or amendment of this Agreement or waiver of any provision of this Agreement will be valid unless in writing and signed by both Parties.
(h) Force Majeure. Neither Party will be liable to the other, or will be considered to be in breach of this Agreement, on account of any delay or failure to perform as a result of any acts of God, pandemics, acts of any political entity, or natural disasters, or any other causes or conditions that are beyond such party’s reasonable control. Should any such event occur, the affected party will give prompt written notice to the other party and will use commercially reasonable efforts to minimize the impact of the event.
(i) Notices. Any notice required to be given under this Agreement must be in writing and delivered to the other designated party by email or by mail to the party’s address by certified, registered or Express mail, or by Federal Express.
(j) Independent Contractors. The relationship between the Parties under this Agreement is that of independent contractors. No joint venture, franchise, partnership, employment agreement, or agency is created under this Agreement.
(k) Entire Agreement. This Agreement constitutes the entire agreement between the Parties and supersedes any prior understanding or representation of any kind preceding the date of this Agreement. There are no other promises, conditions, understandings or other agreements, whether oral or written, relating to the subject matter of this Agreement. You certify and acknowledge that they have had the opportunity to read this Agreement, and that they have voluntarily entered into this Agreement fully aware of its terms and conditions.