Affiliate Agreement
When you sign up to become an Enlightened Alliance affiliate partner. This is the agreement you will say yes to.
This AGREEMENT (the "Agreement"), effective the day you accept the following terms, is entered into by and between Enlightened Alliances LLC, of Fairfield, IA, USA ("Enlightened Alliances") and you and/or your organization, recognized as the "Affiliate", with reference to the following:
A. Enlightened Alliances is, and has been, actively engaged in the business of creating alliance relationships, training, and producing training products and services associated with the brands, "The Passion Test," "Mastery of Self Love" "The Hidden Riches," "Enlightened Alliances," "Enlightened Bestseller," and others as may be established from time to time.
B. Affiliate is, and has been, actively engaged in the business relevant to their particular industry . Sites submitted for consideration in the Affiliate program are subject to review, and Enlightened Alliances reserves the right to decline acceptance of any Affiliate it deems inappropriate.
C. Affiliate desires to affiliate its business activities with Enlightened Alliances' business for their mutual benefit.
NOW, THEREFORE, in furtherance of the Agreement, and in consideration of the promises, mutual representations, warranties, covenants and agreements hereinafter set forth, the parties agree as follows:
1. Marketing Services Provided to Enlightened Alliances. Affiliate agrees to provide the following marketing services to Enlightened Alliances:
a. Email announcements. Affiliate will provide email announcements about Enlightened Alliances events and/or products and services to its email list at the discretion of the Affiliate. Affiliate shall not send any email announcement which could be considered "spam." This means Affiliate shall not send an email announcement to any person who would consider such announcement to be unsolicited and an invasion of their privacy or which is violation of any state or national email legislation.
b.Web site link . If Affiliate has a Web site, Affiliate shall include at least one (1) text link to www.thepassiontest.com and/or www.thehiddenriches.com, in addition to the any banners posted on Affilate's site, if the Affiliate has an online directory of websites they promote and/or endorse. The size and typeface of the text link shall be comparable to that of the other text links of this nature. The placement of the text link shall be within the sole and absolute discretion of the Affiliate
c. Banners. Affiliate may include banners which shall advertise www.thepassiontest.com or www.thehiddenriches.com on Affiliate's website. The editorial content and image content of the banners shall be within the sole discretion of Enlightened Alliances, but the size of the banners shall not be smaller than 100 X 30 pixels.
2. Payment of Sales Commission. Enlightened Alliances shall pay to the Affiliate a commission calculated as either a percentage of the sales price on selected Passion Test or Enlightened Alliances products or services referred to Enlightened Alliances using the Affiliate's coded link to www.thepassiontest.com. The amount of the commissions paid is at the sole discretion of Enlightened Alliances and may be changed without notice at any time. Commissions are paid only on courses, products or services purchased online through www.thepassiontest.com.
Commissions are paid monthly when the amount due is greater than or equal to $50. If the amount due is less than $50, the amount due will be carried over to the next month. Payments will be made by check to affiliates who reside in the USA or Canada. International affiliates will be paid by PayPal.
3. Tracking System. Enlightened Alliances shall make available to the Affiliate, at all times during this Agreement, a valid username and password to access the Affiliate Program Commission Report. The Affiliate Program Commission Report shall allow the Affiliate to track the customers who have purchased Enlightened Alliances or The Passion Test courses, products or services after linking to www.thepassiontest.com or www.thehiddenriches.com through the Affiliate's website or using the Affiliate's coded link. EA's system tracks and applies commissions to affiliate accounts based on the most recent link clicked by the customer. Links are tracked for three years from the date last clicked by the customer.
4. Unsolicited E-Mail. You agree that You will not send unsolicited, commercial e-mail (i.e., "spam") to any persons or entities ("Recipients") absent a Prior Business Relationship. For purposes of this Agreement, a "Prior Business Relationship" will mean that the Recipient has voluntarily engaged in a transaction on Your Web Site or with your business and provided information to You through a contest, registration, or other communication, which included clear notice to the Recipient that the information provided could result in commercial e-mail being sent to that Recipient by You or Your agents. Any commercial e-mail or other online communications that are otherwise permitted hereunder shall include a prominent and easy means for the Recipient to "opt-out" of receiving any future commercial communications from You.
5. Term of the Agreement. This Agreement shall commence on the date this Agreement is accepted, and shall continue until terminated by either party.
6. Entire Agreement. This Agreement contains the entire agreement between the parties hereto pertaining to the subject matter hereof and supersedes all prior and contemporaneous agreements.
7. Disputes. Any and all claims and actions arising out of this agreement, or otherwise, shall be first submitted for mediation to a mediator acceptable to both parties. If the dispute cannot be resolved within 60 days of selection of a mediator, The the dispute shall be settled by arbitration in Jefferson County, State of Iowa, USA, in accordance with the then prevailing Rules & Regulations of the American Arbitration Association, which proceedings shall be final and binding, and strictly confidential. Neither the existence of such proceedings or the results thereof shall be disclosed to any third party, unless expressly required by law.
8. Severability. It is intended that each section of this Agreement shall be viewed as separate and divisible and in the event that any section or subsection therein shall be held to be invalid, the remaining sections or subsections shall continue to be in full force and effect.
9. Independent Contractors. Enlightened Alliances and Affiliate are independent contractors and nothing in this Agreement is intended to or will create any form of partnership, joint venture, agency, franchise, sales representative, or employment relationship.
10. Successors and Permitted Assigns. This Agreement shall be binding on, and shall inure to the benefit of, the parties to it and their respective heirs, legal representatives, successors and permitted assigns. Enlightened Alliances expressly reserves the right to assign all of its duties, rights, and benefits under this Agreement to a third party.
11. Modifications; Amendments; Waivers. Enlightened Alliances reserves the right to modify this Agreement at any time by providing no less than 14 days notice to the Affiliate. IF ANY MODIFICATION IS UNACCEPTABLE TO AFFILIATE, AFFILIATE'S SOLE RECOURSE IS TO TERMINATE THIS AGREEMENT. AFFILIATE'S CONTINUED PARTICIPATION AS AN AFFILIATE OF ENLIGHTENED ALLIANCES FOLLOWING THE MODIFICATION OF THIS AGREEMENT SHALL CONSTITUTE ACCEPTANCE BY AFFILIATE OF SUCH MODIFICATION.
12. Headings. The title of this Agreement and the descriptive headings contained herein are for convenience and reference only, do not form a part of this Agreement, and do not in any way modify, interpret, or construe the intentions of the parties to this Agreement.