EFFECTIVE: February 5, 2017
This Affiliate Marketing Agreement (the “Agreement”) will govern the business arrangement between the Affiliate Marketing Independent Contractor (the “Affiliate”) and PM Capital, LLC (the “Company”). By clicking the “Accept” or similar acceptance box in any other language, you agree that the effective date of this Agreement is the date on which you click “Accept”. To print a copy of this Agreement, please use your browsers print command. PLEASE BE ADVISED THAT YOU SHOULD NOT CLICK AND ACCEPT THIS AGREEMENT ON BEHALF OF AN ENTITY UNLESS YOU HAVE BEEN AUTHORIZED TO BIND THAT ENTITY TO THE TERMS OF THIS AGREEMENT.
AFFILIATE MARKETING AGREEMENT
This Affiliate Marketing Agreement is between you (“you”) and PM Capital, LLC, a limited liability company organized and existing under the laws of Utah, United States of America.
If you have registered for or on behalf of an entity you are deemed to have accepted this Agreement on behalf of that entity.
In consideration of the mutual covenants and agreements contained herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties, intending to be legally bound, agree as follows:
1. General. The Affiliate shall promote Company courses and events in accordance with the current promotional opportunity set forth in Appendix “A,” attached hereto and incorporated herein by this reference. In consideration of such referrals, Company shall offer to the Affiliate the compensation set forth in Appendix “A.”
2. Participation. The Affiliate bonus program set forth herein applies only to Company products made available to and sold by Affiliate. Must be 18 years of age or older to participate in the Affiliate Program. The Affiliate shall promote and market Company products using only promotional materials supplied by, or purchased from, Company.
3. Materials. The Affiliate acknowledges that such Company materials are the intellectual property of Company and are protected by U.S. trademark or copyright law, and may not be reproduced without the express, written consent of Company. The Affiliate shall submit for approval of Company prior to use, any marketing or promotional materials not provided by Company. Company shall not unreasonably withhold its approval of such materials, but Company shall have the exclusive right to determine the acceptability of such materials. Affiliates may purchase Company materials for their use in marketing using the tools provided online at www.wealthpowertools.com. In the event of use of unauthorized marketing materials, or misuse of Company approved marketing materials, Affiliates shall, upon demand being made by Company promptly correct or remove any and all unauthorized marketing materials from their use, in any format. Failure to comply with Company approved marketing may, in the discretion of Company result in removal of the Affiliate from this program and forfeiture of any compensation due.
4. Recognition. Affiliates shall be recognized only for their own direct referrals and, when specified by the appropriate status, shall be recognized for referrals one tier below themselves. Affiliates shall not be entitled to compensation based upon their own product purchases or participation in any capacity in their referral programs. Affiliates shall be entitled to recognition for referrals made subsequent to the date of the Affiliate’s registration for the Affiliate program only. No compensation shall be considered earned for any referrals made prior to Affiliate’s participation in this program or, in the event Affiliates register during an event, for referrals made at the same event.
5. Non-Solicitation. While participating at any Company event, course or camp, Affiliates shall not solicit Company’s customers to become their referral or change their established Affiliate and Affiliate shall not hand out tickets to Company events containing their Affiliate Reference number. Any Affiliate in violation of this provision will be removed from the program and shall forfeit any and all compensation due.
6. Electronic Tracking. Affiliates shall receive recognition for any and all eligible product purchased by their referred clients. Referrals must purchase a product in order to qualify for Affiliate compensation. Registrations made by referred clients shall be tracked to their referring Affiliate through the use of computer “cookies.” Clients may change Affiliates, or may register through other Affiliate links, which will also be tracked by computer “cookies.” In such event, commissions shall be based upon whichever Affiliate is linked to the “cookie” associated with client’s live event registration. Unless overridden by a subsequent “cookie”-Affiliate link, a client shall remain a referral of the original referring Affiliate. In the case that an Affiliate’s referral mistakenly tracks themselves to another Affiliate, the client has three (3) business days to contact the office and have this corrected. Once this three-day window is closed, the last cookie is final. In order for a live event registration to qualify for Affiliate Rewards, the registration must be made in advance of the start date of the event.
7. Website Access. The Affiliate shall maintain a current e-mail address through the Affiliate website. The Affiliate shall be responsible for the accuracy of all Affiliate information entered into the website system. Company shall not be liable for errors in the entry of Affiliate information by Affiliates or by referred clients when purchasing Company products through the Affiliate website link.
8. Taxes. The Affiliate agrees to file and remit any and all applicable federal, state or provincial tax returns and payments due on compensation paid, and shall hold Company harmless from any claims or demands for failure to report or remit taxes due by them for compensation paid under this program.
9. Independent Contractor. Affiliates acknowledge that in entering into this Agreement the Parties hereto are independent contractors and entities, and no partnership, agency, employment or representative capacity is created or intended hereby. Affiliates shall not represent themselves to be agents or representatives of Company.
Affiliates may withdraw from the program at any time by notifying Company in writing or by email. Withdrawal shall be effective upon receipt by Company of the Affiliate’s election to withdraw. Company reserves the right to modify the terms of this Agreement from time to time. The Affiliate shall be notified by email of any material changes to the Agreement. Company reserves the right at any time, and in its sole discretion, to terminate this Agreement with regard to any individual Affiliate and the right to terminate the Affiliate program in its entirety.
10. Entire Agreement. Participation in the Affiliate Program shall be considered to be de facto proof of the Affiliate’s acceptance of all of the terms of the Agreement. This agreement sets forth all of the terms of the Internet Affiliate Agreement. No oral or written agreements or understandings not expressly set forth herein shall have any effect. This Agreement shall supersede all previous oral or written Affiliate Agreements, and the terms set forth herein shall be considered controlling. Should any individual term of this Agreement be deemed unenforceable, such invalidity shall not affect the enforceability of any remaining terms and conditions.
11. Limited Liability. Company shall have no liability for any direct, indirect or consequential damages or losses of revenues or profits arising under or relating to this Agreement or the Internet Affiliate Program.
12. Consent to Contact. Participation in the Affiliate program shall be considered de facto permission for Company or Independent Contractors acting on behalf of Company including but not limited to Master Affiliate, to contact Affiliates by telephone, mail or email for purposes related to the Affiliate program; and participation in the Ambassador program shall constitute the granting of permission to Company to provide such Independent Contractors with such Affiliate contact information.
13. Confidential Information. Affiliates acknowledge that information of a confidential and proprietary nature regarding clients they have referred to Company may be provided to Affiliates, either directly by such clients, or by the company, including client names, contact and financial or transactional information relating to purchases. Affiliates hereby acknowledge that any such confidential information disclosed to them shall remain the property of such clients and of Company and that Affiliates shall hold in confidence all such confidential information, using it only for purposes authorized by Company or its clients related to such referrals and resulting registrations under this program, and shall not use such information for the Affiliates’ personal benefit or the benefit of any third-party.
14. Policies and Procedures. Any questionable behavior or conduct which is out of integrity with the Affiliate program policies and procedures, or which is determined to be intended to undermine or avoid application of such policies and procedures, will be flagged and reviewed by Company staff and the Affiliate program management. If such Affiliate behavior is found to be suspicious activity, in violation of our Agreement or conflicting with our terms, the Affiliate will be immediately removed from the program and commissions will not be issued.
15. Modifications and Amendments. This Agreement may be modified or amended only by an instrument in writing executed by both parties.
16. Severability. If any of the terms or conditions of this Agreement shall be declared void or unenforceable by any court or administrative body of competent jurisdiction, such term or condition shall be deemed severable from the remainder of this Agreement, and the other terms and conditions of this Agreement shall continue to be valid and enforceable.
17. Miscellaneous. This Agreement shall be binding and inure to the benefit of the Company and any successor of the parties, by merger or otherwise. Except as provided in the preceding sentence, this Agreement, and the rights and obligations of the parties hereunder, are personal and neither this Agreement, nor any right, benefit, or obligation of either party hereto, shall be subject to voluntary or involuntary assignment or transfer, without the prior written consent of the other party.
18. Jurisdiction and Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of Utah (without giving effect to conflict of law). Only the state and federal courts of Utah shall have jurisdiction over any controversies regarding this Agreement.
CURRENT COMPENSATION STRUCTURE
1. Affiliate shall receive compensation equivalent to x% of the purchase price, excluding taxes, shipping, and handling fees.
2. Affiliate compensation shall be paid in USD currency via check or direct deposit.
3. Affiliate compensation shall be paid after funds for the customer transaction are paid in full and the applicable cancellation period has expired.
4. Affiliate compensation shall be paid monthly.
5. Affiliate compensation must reach a minimum amount of $50.00 before payment will be remitted.