Affiliate Program Agreement
This Affiliate Program Agreement is made and entered into as of the date when your application is accepted and acknowledged by Fiona Brennan (thepositivehabit.com).
BETWEEN: [thepositivehabit.com] (the “Owner”), Fiona Brennan, 250 Merrion Road, Dublin D04 N8H7, Ireland
AND: [YOUR BUSINESS NAME] (the ” Affiliate”).
“Affiliate” means an individual or business generating their own traffic and thus rewarded for legitimate sales, leads, clicks, or other measurable action.
- The Affiliate is aware that The Positive Habit is not a replacement for therapy or counselling services, that his program does not provide medical advice and advises that for this a consultation with a medical doctor should be made. The content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. It is also not intended to diagnose any mental health issues. Further, the Affiliate is aware that customers should get the advice of a medical professional before making any changes to treatment or medication they may be on.
- The Affiliate agrees to introduce thepositivehabit.com software and services to current and prospective customers as appropriate and will comply with all laws as well those that govern email marketing and anti-spam laws.
- Thepositivehabit.com reserves the right to accept or reject any prospective customers and will pay the Affiliate a commission per customer referred using your affiliate code and according to the designated payment schedule.
- The Affiliate agrees that all promotional content/material used in campaigns either on the Affiliate’s website(s), on social media or instore must be confirmed with Fiona Brennan in advance of use.
- The Affiliate agrees to make staff available for training sessions that may be held periodically on product knowledge and how to promote the program.
- The Affiliate and his/her staff will be provided with a no cost user registration to enable them to complete the program themselves and the Affiliate agrees to encourage staff to complete the program.
- The Affiliate is allowed to use coupon codes provided by thepositivehabit.com and/or place links on his/her website(s) to websites which have an Affiliate Program registered at (thepositivehabit.com).
- Any Affiliate Program may be amended or terminated at any time. Information about the Affiliate Programs will be available on thepositivehabit.com website.
- The Affiliate must keep him/herself informed of any amendments of the Affiliate Program, in particular, if the Affiliate Program has been terminated or changed.
- The Affiliate must comply with the requirements of the Affiliate Program including in particular any stipulations as to the nature and content of the Affiliate’s web site and the use of third party or other Affiliates trademarks and logos.
TERMS OF THE AGREEMENT:
- The term of this Agreement will begin upon our acceptance of your Affiliate Program application.
- You are only eligible to earn Commission Fees on Qualified Purchases occurring during the term, and Commission Fees earned through the date of termination will remain payable only if the orders for the related Products and Services are not cancelled and comply with all Terms laid out in this Agreement.
- We may withhold Your final payment of Commission Fees for a reasonable time to ensure that all Qualified Purchases are valid and payment from Referred Customers are legitimate as determined by thepositivehabit.com in its sole discretion.
- Any Affiliate who violates either this Agreement or thepositivehabit.com’s Terms and Conditions will immediately forfeit any right to any and all accrued Commissions Fees and will be removed from the thepositivehabit.com Affiliate Program.
- Without limitation, Affiliate’s participation in the Program, and this Agreement, shall be deemed automatically terminated immediately and all commissions forfeited upon Affiliate’s violation of any of the terms of this Agreement or of any applicable law or regulation having the force of law.
- Only duly-authorized thepositivehabit.com officers, employees, and agents will have access to information furnished or obtained in connection with the Affiliate Program and they will maintain and protect the confidentiality of such information to the greatest extent possible; and they will share such information only to the extent necessary to respond to inquiries or notices from the police or government entities.
- You hereby agree to indemnify thepositivehabit.com its subsidiaries and affiliates, and their directors, officers, employees, agents, shareholders, partners, members, and other owners, against any and all claims, actions, demands, liabilities, losses, damages, judgments, settlements, costs, and expenses (including reasonable legal fees) (any or all of the foregoing hereinafter referred to as “Losses”) insofar as such Losses (or actions in respect thereof) arise out of or are based on:
- Any claim that our use of the Affiliate Trademarks infringes on any trademark, trade name, service mark, copyright, license, intellectual property, or other proprietary right of any third party.
- Any misrepresentation of a representation or warranty or breach of a covenant and agreement made by you herein.
- Any claim related to your site, including, without limitation, its development, operation, maintenance and content therein not attributable to us.
ENROLLMENT IN THE AFFILIATE PROGRAM:
- To begin the enrollment process, you will submit a complete Program application via our Website.
- We will evaluate your application and notify you of your acceptance or rejection.
- We may reject your application for any reason our sole discretion.
- We generally reject applications related to websites that: Promote violence; promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age; Promote illegal activities or are intended to harass or defame anyone; Or variations or misspellings thereof in their domain names; or otherwise violate our intellectual property rights or the intellectual property rights of others.
- If we reject your application, you are welcome to reapply to the Program at any time.
- If we accept your application, we reserve the right to terminate your participation in the Program for any reason in our sole discretion immediately without prior notice.
- We may modify any of the terms and conditions in this Agreement at any time at our sole discretion.
- In such event, you will be notified by email. Modifications may include, but are not limited to, changes in the payment procedures and thepositivehabit.com Affiliate Program rules.
- If any modification is unacceptable to you, your only option is to end this Agreement.
- Your continued participation in thepositivehabit.com Affiliate Program following the posting of the change notice or new Agreement on our site will indicate your agreement to the changes.
- You will receive a Commission for sending thepositivehabit.com authorized sales, leads, and/or clicks via your links or coupon code assigned by thepositivehabit.com
- In order to place links or use coupon codes, you must first be approved by a thepositivehabit.com to become an Affiliate of thepositivehabit.com’s program.
- You understand that the Payout amount will vary depending on number of sales made in a qualifying period and rate of commission applicable. The rate of commission is currently set at €30% per valid sale by the Affiliate.
- The use of promotions involving discounts on sales of access to thepositivehabit.com must be agreed in advance with thepositivehabit.com such as unauthorized discounting will render the commission payment invalid.
- This information is also available to you at the affiliate member area.
- You are responsible for determining if the Payout for a link/coupon you have placed on your site has changed or been discontinued.
- You receive the Commission from thepositivehabit.com by bank transfer to a nominated account. Payments will be made on the last day of each month when your account balance reaches €50 or more for the previous months’ transactions. In the event that the monthly amount is lower than €50 it will be rolled over to the following month or until such a time as the €50 threshold is reached. If the agreement is terminated then any balance in commission shall be payable on the last day of the relevant month.
- All confidential information, including, but not limited to, any business, technical, financial, and customer information, disclosed by one party to the other during negotiation or the effective term of this Agreement which is marked “Confidential,” will remain the sole property of the disclosing party, and each party will keep in confidence and not use or disclose such proprietary information of the other party without express written permission of the disclosing party.
If any provision of this Agreement or part thereof should to any extent be or become invalid or unenforceable, the parties shall agree upon any necessary amendment of the Agreement in order to achieve the interests and objectives of the parties prevailing at the time of execution of the Agreement.
- The laws of Ireland will govern this Agreement.
- Any action relating to this Agreement must be brought in the Irish courts and you irrevocably consent to the jurisdiction of such courts.
- You may not assign this Agreement, by operation of law or otherwise, without our prior written consent.
- Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and be enforceable against the parties and their respective successors and assigns.
- Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such a provision or any other provision of this Agreement.
TERMINATION OF AGREEMENT:
- Either you or thepositivehabit.com may terminate the Affiliate relationship at any time.
- You are only eligible to earn Affiliate payments during your time as an approved Affiliate.
- Thepositivehabit.com may change the program or service policies and operating procedures at any time.