Affiliate Program AGREEMENT (the “Agreement”)
The Institute for Functional Health Coaching Affiliate Program
This Agreement is by and between The Institute for Functional Health Coaching™ (IFHC) (hereinafter referred to as the “Company”, “We”, “Us” and/or “Our”) and [TITLE/NAME OF AFFILIATE] (hereinafter referred to as the “Affiliate” and/or “You”). The Company and the Affiliate will collectively be referred to herein as the “Parties”.
Please read this Agreement in its entirety for an understanding of how the Affiliate Program works. By participating in, or in any way associating with, the Affiliate Program you hereby understand and agree to the following:
- Affiliate Program Description
This Agreement describes the terms and conditions for participation in the Affiliate Program (the “Program”). The Program is meant to give health coaches access to low to moderately priced products/services to help them become more educated in the topic provided.
- Changes to this Agreement
The Company may modify any of the terms and conditions within this Agreement at any time and at its sole discretion. These modifications may include, but are 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 the Affiliate, the Agreement may be terminated by e-mailing Carmen Hunter at firstname.lastname@example.org. Continued participation in the Program will be considered the Affiliate’s acceptance of any and all change(s) to this Agreement.
- Affiliate Program Payment
The Affiliate will receive a percentage of the revenue based on the product sold as a commission from all orders placed and paid for quarterly through the purchase URL established by the Company and linked to the Affiliate’s program in Thinkific.
For a sale to generate a commission to the Affiliate, the customer must purchase and pay in full with no declines on the purchase. Commissions will only be paid on sales that are made when the customer clicks through qualified, correctly structured Affiliate Links with the sales page.
Affiliates are paid by the Company via a PayPal account provided by the Affiliate when joining the Program. It is the Affiliate’s responsibility to notify the Company of PayPal email changes in order to ensure our system is updated for proper payments. Payments will not be resent repeatedly if returned due to incorrect payment email addresses, but the Affiliate will be notified via email to provide a correct email address so as to receive payment. The quarterly report generated will be the resource for payment reconciliation.
- Order Fulfillment
The Company is solely responsible for processing every customer order via Affiliate links. Affiliates are not authorized to collect payments or sell the Company’s products, services or programs from other websites as a “reseller” and no “resale” rights are granted in ANY way.
Affiliates are not authorized to give away copies of their program through any of the Company’s products, services, or programs. The Company will be solely responsible for all customer service inquires for receiving the program after purchase but not in regards to Affiliate Program Content concerns.
No physical products shall be shipped by the Affiliate to a customer as all products and services provided by the Affiliate will remain virtually available through the Affiliate Program.
Customers who purchase products and services through the Affiliate Program will be deemed to be customers of the Company only in regards to the download and purchase process. The customer’s personal information, including email address resides within the Company’s records from purchase, but will not be individually sent to the Affiliate beyond the report generated each payment period.
- Code of Conduct
The Company will not accept an Affiliate application or continue to work with an Affiliate whose website or company:
- Promotes sexually explicit or inappropriate materials.
- Promotes or incites violence.
- Promotes or engages in discrimination based on race, color, religion or creed, National origin or ancestry, sex, age, physical or mental disability and/or veteran status.
- Promotes illegal acts.
- Lists coupon codes or discounts that are NOT officially provided to them by the Company. Affiliates may NOT promote coupon codes found elsewhere online. Doing so can result in the termination of the Affiliate account and withholding of Affiliate payments for violating the Affiliate Agreement.
- Infringes or otherwise violates any copyright, trademark, or other intellectual property rights of any other site, company, or person.
Engagement in, or violation of, any of the terms herein may result in the Affiliate’s immediate termination from the Program.
- Permitted Usage of Branding
The Company encourages IFHC promotion through provision of the site https://go.instituteforfunctionalhealthcoaching.com/Affiliates. The Affiliate will be paid a percentage commission of the sale processed only through the site provided.
Word of mouth referrals will not result in an Affiliate commission generation. Commissions will only be paid quarterly on sales that are made when the customer clicks through qualified, correctly structured Affiliate Links. Properly coded links, and distribution thereof, are the sole responsibility of the Affiliate.
Other than the permitted URL link listed in this section, Affiliates are not permitted to use the Company’s logo, marks, taglines, branding, or imagery in any way, in any medium either online or in-person. If there are any questions with regard to branding, please email Carmen Hunter at email@example.com.
The Company will not be branding the content of the Affiliate in any way nor claiming ownership of any content. The content remains the Affiliates property.
- Institute for Functional Health Coaching Anti-Spam Policy + Termination Policy
The Company strictly prohibits Affiliates from using spam e-mail and other forms of online abuse (including spamming forums, blogs, Twitter, Facebook and other social media outlets) to seek sales. Spam includes, but is not limited to, the following:
- E-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 social media groups, websites, 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. Please be conscious of forum/group rules. If a forum owner or group moderator complains that an Affiliate has violated the group’s rules, the Affiliate’s account may be permanently terminated after investigation.
- Certain offline activities that, while may not be considered Spam, are similar in nature, including distributing any materials on private property or where prohibited by applicable laws, regulations, and/or rules.
If an Affiliate violates any term in this Agreement, the Company may undertake, at its sole discretion, and with or without prior written notice to the Affiliate, the following enforcement action:
- Account/Affiliate Termination: Upon the receipt of a credible complaint, the Company 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.
If you wish to report a violation of our Anti-Spam Policy, please forward all relevant evidence to our customer service department at firstname.lastname@example.org.
- Independent Contractor – 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 Affiliate and the Company. Affiliates have no authority to make or accept any offers or representations on the Company’s behalf. Affiliates will not make any statement, whether on their sites, social media accounts, or otherwise, that reasonably would contradict this statement or imply otherwise.
- Term and Termination
The term of this Agreement will begin when the application is accepted, signed and returned by the Affiliate. It will end when terminated by either party. Either the Company or the Affiliate may terminate this Agreement at any time, with or without cause. Upon termination of this Agreement for any reason and/or by either party, all licenses granted hereunder shall immediately terminate and the Affiliate will immediately cease use of, and remove from the Affiliate’s Web Site, all links to the Company’s websites, and all Company’s trademarks and logos, other Company marks and all other materials provided in connection with the Program.
- Limitation of Liability
The Company is not responsible or liable in any way for any and all damages received by the Affiliate directly or indirectly from participation in the Program. The Company does not assume liability for damages, injuries, harm, death, loss of profits (or failure to generate profits), misuse of (or failure to properly use) information or documents, due to any act, or failure to act, by the Affiliate. IN NO EVENT SHALL THE COMPANY BE LIABLE TO THE AFFILIATE FOR ANY INDIRECT, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES.
The Company makes no express or implied warranties or representations with respect to the Affiliate Program or the Affiliate’s potential to earn any monies or income from the Program. In addition, the Company makes no representation that the operation of the websites or the Affiliate links will be uninterrupted or error-free, and will not be liable for the consequences of any interruptions or errors at any time. The Company further makes no representation that the Company’s services/products will be provided for any period of time or that the Affiliate Program will continue for any certain duration.
The provisions of this Agreement are severable, and the invalidity or unenforceability of any provision shall not affect the validity and enforceability of any other provision herein. If any paragraph, section, subsection, sentence, or clause of this Agreement is rendered illegal, invalid, or unenforceable, such illegality, invalidity, or unenforceability shall have no effect on the Agreement as a whole or on any other paragraph, section, subsection, sentence, or clause herein.
- Entire Agreement
This Agreement contains the entire agreement between the Parties. There are no other promises or conditions in any other agreement (oral or written) between the Parties.
- Applicable Law
This Agreement shall be governed by the laws of the state of Tennessee.