Entrepreneurs Institute Affiliate Programme Operating Agreement
Updated: 1st February 2014
This Agreement contains the complete terms and conditions that apply to an individual’s or entity’s participation in the Entrepreneurs Institute Affiliate Programme (the “Programme”). As used in this Agreement, “we”, “us”, or “our” means Entrepreneurs Institute or any of our affiliated companies, as the case may be, and “you” means the affiliate. “wealthdynamicscentral.com, wdspectrumtest.com, wdprofiletest.com, Sites” means the sites that have their primary home page identified by the URLs www.wealthdynamicscentral.com, www.wdspectrumtest.com, www.wdprofiletest.com and “sites” means World Wide Web sites. “Your site” means any site that you will link to the “Sites”. Save for our obligation to pay referral fees under Section 4, which may be performed solely by us, we may cause any of our obligations under this Agreement to be fulfilled by any of our Affiliates (defined below), on our behalf.
1. Enrollment in the Programme
To begin the enrollment process, you will submit a complete Programme application via this site. We may reject your application if we determine (in our sole discretion) that your business or site is unsuitable for the Programme. If we reject your application, you are welcome to reapply to the Programme at any time with a specific request as to why you should be accepted.
You should also note that if we accept your application and your business or site is thereafter determined (in our sole discretion) to be unsuitable for the Programme, we may terminate this Agreement. Participation in the Programme is limited to parties that lawfully can enter into and form contracts under applicable law. For example, minors are not allowed to participate in the Programme.
2. Links on Your Site
Once you have been notified that you have been accepted into the Programme, we grant you a revocable, non-exclusive, worldwide, royalty-free license for the duration of the term of this Agreement, solely for purposes of facilitating referrals from you, your business and your links to the “Sites” listed above. You also acknowledge that as a participant in the Programme, we may from time to time send you email updates about the Programme. By participating in the Programme, you consent to our sending you these email updates.
3. Order Processing
We will process Product orders placed by customers who follow Special Links with the affiliate code assigned to you to the “Sites”. We will be responsible for all aspects of order processing and fulfillment. Among other things, we will process payments, and refunds, and handle customer service. We will track sales made to customers who purchase Products by using Special Links with the affiliate code assigned to you to the “Sites” and will make available to you reports summarizing this sales activity which will be available for you to access using your affiliate login codes at your discretion.
4. Referral Fees
We will pay you (in accordance with Sections 5 and 6 below) referral fees. For a sale to be eligible to earn a referral fee, the customer must click-through a Special Links with the affiliate code assigned to you to the “Sites”, and purchase and pay for an approved product. To permit accurate tracking, reporting and fee accrual, you must ensure that Special Links with the affiliate code assigned to you and the “Sites” are properly formatted. We will not be liable for paying referral fees on purchases that are not correctly tracked and reported because Special Links with the affiliate code assigned to you and the “Sites” are not properly formatted.
5. Referral Fee Schedule
During each calendar month, for products sold during sessions initiated through Special Links on your site, you will earn (subject to the other terms of this Agreement) referral fees. For most physical products this normally varies from 30% to 50% of the revenue received from the sale. For events and courses, this normally varies from 10% to 30%. There is also an override commission for first level team members which normally varies from 5% to 7% of their sales. Within your Programme account control panel, you will be able to see the referral fee you will earn for each product sold. We reserve the right to add new products, remove products from our offerings, and to change the Referral Fee paid at any time.
6. Referral Fee Payment
We will pay you referral fees on a monthly basis for the sales made in the second month prior. For example, we will pay in May for sales made in March. Sales that were not successful or charged-back by the customer will earn no commission. We will pay you via PayPal only. It is your responsibility to obtain a PayPal account (https://www.paypal.com/) and update your Programme account details with the PayPal address that is to receive referral fees.
Note: For people living in South Africa where incoming PayPal is prohibited, we will provide for TT payments direct to your bank. However, you must have a minimum of $300 US payable to you before we will initiate a TT payment. Please email us your bank details if this applies to you.
7. Policies and Pricing
Customers who buy products through this Programme will be deemed to be our customers. Accordingly, all of our rules, policies, and operating procedures concerning customer orders, customer service, and product sales will apply to those customers. We may change our policies and operating procedures at any time. For example, we will determine the prices to be charged for products sold under this Programme in accordance with our own pricing policies. Product prices and availability may vary from time to time. Because price changes may affect Products that you have listed on your site, YOUR SITE MAY NOT SHOW PRICES.
8. Responsibility for Your Site
You will be solely responsible for the development, operation, and maintenance of your sites and for all materials that appear on your sites. For example, you will be solely responsible for:
a) the technical operation of your sites and all related equipment
b) creating and posting Product descriptions on your sites and linking those descriptions to the “Sites”.
c) the accuracy and appropriateness of materials posted on your sites (including, among other things, all Product-related materials)
d) ensuring that materials posted on your sites do not violate or infringe upon the rights of any third party (including, for example, copyrights, trademarks, privacy, or other personal or proprietary rights)
e) ensuring that materials posted on your sites are not libelous or otherwise illegal
We disclaim all liability for these matters. Further, you will indemnify and hold us harmless from all claims, damages, and expenses (including, without limitation, attorneys’ fees) relating to the development, operation, maintenance, and contents of your site.
9. Suitability of Your Websites
Unsuitable sites include, but are not limited to, those that:
a) promote sexually explicit materials
b) promote violence
c) promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age
d) promote illegal activities
e) breach intellectual property rights
f) violate intellectual property rights
By participating in the Programme you agree that you will not engage in any such activities. We reserve the right to change or amend the list of what constitutes an unsuitable site.
10. Compliance with Laws
As a condition to your participation in the Programme, you agree that while you are a Programme participant you will comply with all laws, ordinances, rules, regulations, orders, licenses, permits, judgments, decisions or other requirements of any governmental authority that has jurisdiction over you, whether those laws, etc. are now in effect or later come into effect during the time you are a Programme participant. Without limiting the foregoing obligation, you agree that as a condition of your participation in the Programme you will comply with all applicable laws (federal, state or otherwise) that govern marketing email, and anti-spam laws.
11. Term of the Agreement
The term of this Agreement will begin upon our acceptance of your Programme application and will end when terminated by either party. Either you or we may terminate this Agreement at any time, with or without cause, by giving the other party written notice of termination. Upon the termination of this Agreement for any reason, you will immediately cease use of, and remove from your site, all links to the “Sites”.
We may modify any of the terms and conditions contained in this Agreement, at any time, and in our sole discretion, by posting a change notice or emailing a new agreement to the email address provided on the application form. Modifications may include, for example, changes in the scope of available referral fees, referral fee schedules, payment procedures, and Programme rules.
IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO TERMINATE THIS AGREEMENT. YOUR CONTINUED PARTICIPATION IN THE PROGRAMME FOLLOWING OUR POSTING OR EMAILING OF A CHANGE NOTICE WILL CONSTITUTE BINDING ACCEPTANCE OF THE CHANGE.
13. Relationship of Parties
You and we are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on your site or otherwise, that reasonably would contradict anything in this Section.
14. Limitation of Liability
We will not be liable for indirect, special, or consequential damages (or any loss of revenue, profits, or data) arising in connection with this Agreement or the Programme, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this Agreement and the Programme will not exceed the total referral fees paid or payable to you under this Agreement.
We make no express or implied warranties or representations with respect to the Programme or any products sold through the Programme (including, without limitation, warranties of fitness, merchantability, noninfringement, or any implied warranties arising out of a course of performance, dealing, or trade usage). In addition, we make no representation that the operation of the “Sites” will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors.
16. Independent Investigation
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU UNDERSTAND THAT WE MAY AT ANY TIME (DIRECTLY OR INDIRECTLY) SOLICIT CUSTOMER REFERRALS ON TERMS THAT MAY DIFFER FROM THOSE CONTAINED IN THIS AGREEMENT OR OPERATE WEB SITES THAT ARE SIMILAR TO OR COMPETE WITH YOUR WEB SITE. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN THE PROGRAMME AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.