Spiritual Sites Affiliate Agreement
This agreement describes the terms and conditions for participation in the SpiritualSites.biz affiliate program. In this agreement, the term “Affiliate” refers to you (the applicant). In this agreement, SpiritualSites.biz refers to the parent company, SJCGraphics (Company). As an affiliate, we expect you to follow FTC guidelines, have integrity when dealing with clients, and comply with all applicable laws.
We may modify any of the terms and conditions within this Agreement at any time and at our sole discretion. These modifications may include, but not limited to changes in the scope of available referral fees, fee schedules, payment procedures and Affiliate Program rules. If any of the modifications are UNACCEPTABLE TO YOU, your only recourse is to terminate this Agreement. If you CONTINUE PARTICIPATION IN THE PROGRAM, it will be considered as your acceptance of the change.
Enrollment in the Affiliate Program is approved by SpiritualSites.biz representatives and agreement to the terms outlined in this document are required prior to representing the SpiritualSites.biz brand.
Affiliate must be in good standing with the Federal Trade Commission and the Company, in compliance with all FTC guidelines and the terms and conditions of this Agreement.
Affiliate agrees and understands that if it’s marketing, websites, emails or any other communications associated with or for any promotion are deemed inappropriate, the Affiliate will be deemed, at the sole discretion of the Company, ineligible to participate in the current or any future promotions and disqualified from receiving any recognition, commissions, prizes or any other compensation or further communication from the Company.
Affiliate will be immediately removed from the promotion and from the Company’s Affiliate Program and will be in violation of this Agreement if, at the sole discretion of the Company, its marketing for any promotion or for its own sites:
- contains, promotes, or links to sexually explicit or violent material.
- promotes, depicts or links to material that promotes or depicts discrimination based on race, gender, religion, national origin, physical or mental disability, sexual orientation, or age.
- contains unlawful material, including without limitation materials that may violate another’s intellectual property rights or links to a site that contains such material.
- contains information regarding, promotes, or links to a site that provides information regarding or promotes illegal activity.
- uses the Company’s videos, images, banners, likenesses, or brand name in or on their websites, in any way that could create market or consumer confusion. You must not use the Company’s banners, images or videos as if they are your own on your own sites or any other sites, or position the banners, images or videos in any way that encourages a customer to opt-in under the impression that they are opting into the Company’s communications rather than the Affiliate’s.
- for any other reason that is deemed by the Company to be unsuitable. The Company reserves the right to disqualify Affiliates from the Company’s Affiliate Program, cancel pending commissions based on inappropriate behavior or marketing by the Affiliate, and to amend any promotion or this Agreement at any time without notification to the Affiliate.
Affiliates earn rates on a commission only basis. They are responsible for generating the leads and must adhere to the pay schedule in #5.
Additional commission on all products is 10% unless otherwise notified for a specific program.
The Company has taken every effort to ensure it accurately represents its products, programs and promotions, and the potential to help you earn commissions. However, there is no guarantee that you will get any specific results or earn any money whatsoever during any promotion. This is absolutely not a “get rich quick” scheme. Nothing on any of the Company’s websites or communications should be construed as a promise or guarantee of earnings. Every person is different, and each person’s success in any endeavor, including promotions for the Company’s products and programs, depends on her background, dedication, desire, and motivation. Any testimonials or examples used in the Company’s web sites or communications are exceptional results and should not be interpreted as typical. Please do not infer that these examples are promises or guarantees of earnings, or of same/similar results. Any forward-looking statements outlined in the Company’s web sites or communications are nothing more than expectations or forecasts for future potential and are not guarantees or promises for actual performance. These statements are simply the Company’s opinion. The Company makes NO guarantees that you will achieve any results from its ideas, products, programs or promotions, and the Company offers no professional legal or financial advice.
SpiritualSites pays affiliates via a PayPal account, provided to us when an affiliate joins. If the PayPal email changes, it is the responsibility of the affiliate to notify the Affiliate Program to ensure proper commission payments.
To be an affiliate, promotion of the affiliate opportunity is required as part of this agreement. Affiliate may not use any copyright, trademark, service mark, or general branding of the Company without full disclosure and permission of the Company.
Our team will provide you with content to use in your emails or social media posts but please feel free to customize for your audience as long as you don’t change the core information about the program.
Please note below the dates and times you will be promoting this affiliate opportunity for our planning purposes. Thank you. Your signature below denotes agreement with the above agreement.
9. RELATIONSHIP OF PARTIES
Nothing in this Agreement shall be deemed to create a partnership, joint venture, agency relationship, or employment relationship between the Affiliate and the Company. Affiliate is participating in promotions as a fully independent entity and is responsible for any and all federal, state, local, and/or foreign income taxes and self-employment taxes, and any and all other federal, state, and local licensees, fees or taxes, or sales tax, including withholding taxes, social security taxes, and public liability and workman’s compensation insurance. Under no circumstances will the Company be held liable for any actions or results of the Affiliate.
Affiliate hereby agrees not to share, use, copy, adapt, alter, distribute, duplicate, or part with possession of any of the Company’s confidential information which is not directly provided or approved by the Company, or any confidential information that is disclosed or otherwise comes into its possession under or in relation to this Agreement. Confidential information includes, but is not limited to, the following types of private information and other proprietary information of a similar nature regarding the Company’s business: sales figures, software passwords, Company list size, list contents, ideas, stories, activities, curriculum, event format, presentation materials, presentation content, inventions, financial information, business plans, business processes, marketing plans, marketing strategies, marketing copy, financial projections, customer lists, customer financial information, personal information of executives, sponsorship strategies, relationships with other vendors, media delivery concepts and systems, including, but not limited to, web-based delivery systems, technical data, software designs, drawings, specifications, models, source code, object code, documentation, diagrams, flow charts, and other similar information that is proprietary to and confidential information of the Company.
Affiliate shall not disclose his/her terms of this Agreement to any third party other than to the Affiliate’s employees and agents who (1) have a need to have access to such information (2) agree in writing to comply with the confidentiality provisions of this Agreement.
This Agreement imposes no obligation of confidentiality on Affiliate with regard to any portion of the Company’s confidential information (1) that is part of the public domain at the time of disclosure; or (2) that becomes part of the public domain after the Promotion without any unauthorized act by or omission of Affiliate; or (3) if Affiliate can demonstrate by written records that he/she had independently developed knowledge of such confidential information prior to the date of disclosure; or (4) if permission to use or disclose said confidential information is first obtained by Affiliate in writing from the Company; or (5) if Affiliate is required by law, regulation, rule, act, or order of any court or other government authority or agency to disclose such confidential information. In general, Affiliate may not disclose any financial, personal, or business information about the Company or its executives (including Owner/CEO Andrea Freygang) without permission from the Company. Such disclosure is grounds for legal action, equitable relief, and termination of this Agreement.
11. INDEMNIFICATION AND LIABILITY
Affiliate agrees to indemnify and hold harmless the Company and the Company’s Owner/CEO, Andrea Freygang, an individual, from and against any and all losses, claims, damages, liabilities, costs, and expenses (including, but not limited to, reasonable attorney fees) which Affiliate may be subject to or incur in connection with any promotion to be rendered, except those claims that are judicially determined to have resulted from the Company’s gross negligence or willful misconduct.
This Agreement constitutes the entire understanding of the parties and may be modified only by the Company. This Agreement shall be construed and interpreted according to the laws of California, United States, and shall be binding upon the parties hereto, their heirs, successors, assigns, and personal representatives; and references to the Company and to the Affiliate shall include their heirs, successors, assignees, and personal representatives. In the event of a dispute between the parties regarding this Agreement, any such disputes, controversies and claims arising out of or relating to this Agreement, it shall be settled and determined by arbitration. The rules governing this arbitration shall be according to the Commercial Arbitration Bill and any arbitration needed will be conducted in Orange County, California. The decision of the arbitration shall be final and each party agrees to be bound by the arbitration.
If any provision or covenant, or part thereof, of this Agreement should be held by any court or other legitimate tribunal with appropriate jurisdiction to be invalid, illegal or unenforceable, either in whole or in part, such invalidity, illegality or unenforceability shall not affect the validity, legality or enforceability of the remaining provisions or covenants, or any part thereof, of this Agreement, all of which shall remain in full force and effect.
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