This Affiliate Program (“Agreement”) is between Lisa Bond Coaching (“Company”), 5038 Clark Shaw Rd, Powell, OH 43065 and the person signing up (“Affiliate”). Company and Affiliate are collectively known as the “Parties.”
This Agreement contains the complete terms and conditions that apply to your participation as an Affiliate of the Lisa Bond Coaching Product Affiliate Program, and the establishment of hypertext links from your Website to coachlisabond.com for the purpose of you earning Referral Fees from “Eligible Purchases” made by third parties who have navigated from your website to coachlisabond.com via said links.
I. Definitions: As used in this Agreement, “we”, “us”, “Lisa Bond Coaching” or “coachlisabond.com” means the Lisa Bond Coaching Product Affiliate Program, of Lisa Bond Coaching, and “you”, “your” or “Affiliate” means the affiliate. “Website” individually and collectively means your website and/or e-mail communications and/or software applications. “Affiliate Marketing Program” means the program managed by or on behalf of Lisa Bond Coaching by which participating entities place links on their Website that connect to the coachlisabond.com website and for which a referral fee is earned. The terms “Qualifying Purchase”, “purchase”, “sale” or “Affiliate sale” used in this Agreement mean a coachlisabond.com digital download, online program, etc. purchased by users through a hypertext link from you under this Affiliate Marketing Program. “Net Proceeds” will mean the gross proceeds received by coachlisabond.com from Eligible Purchases on coachlisabond.com, less costs and expenses attributable to taxes, shipping and handling, fraud, bad debts, and duties. The terms “Referral Fee” or “Commission” used in this Agreement mean moneys duly earned by, payable to, or previously paid to the Affiliate in regard to the aggregate Net Proceeds received from Eligible Purchases made at coachlisabond.com under the terms of this Agreement and the Affiliate Program, and acknowledged as such by coachlisabond.com at its sole discretion. “$”, “dollar” or “dollars” mean US Dollars.
II. Term Of The Agreement: The term of this Agreement (the “Term”) will begin upon our acceptance of your application to enroll your site in the coachlisabond.com Affiliate Program, such application signifying your acceptance of this Agreement. You will receive an email notification from us when your application has been accepted. The term shall be for a period of 12 months from said acceptance, and shall renew yearly after new agreement is accepted. Either party can give thirty (30) days notice to the other that it intends not to renew the Agreement at the end of the current term. Lisa Bond Coaching encourages you to make a minimum of 12 sales for your affiliation within your 12 month term, but it is not required.
III. Promotion: Upon the commencement of your Affiliate Program Term, Lisa Bond Coaching may provide you with a variety of graphic design elements and textual links (the “Links” collectively, or “Link” individually) in order to link to coachlisabond.com. You will be responsible for integrating the Links into your site, and each Link will permit website users to navigate directly to a page on the coachlisabond.com website designated by us via a special tagged link format. You will be responsible for disclosing affiliate links that comply with the FTC Affiliate Guidelines.
IV. Intellectual Property Rights: While Lisa Bond Coaching will provide you with various graphic design elements, including the Lisa Bond Coaching logo, you understand that coachlisabond.com hereby grants to you during the Term a non-exclusive, non-transferable, royalty-free license to establish hyperlinks between yours and our Web Sites and to use coachlisabond.com trade names, logos, trademarks and service marks (the “coachlisabond.com Marks”) on your site solely as is reasonably necessary to establish and promote such hyperlinks and to otherwise perform your obligations under this Agreement; provided, however, that any other promotional materials or usages containing any of the coachlisabond.com Marks will be subject to coachlisabond.com prior written approval.
You hereby grant to coachlisabond.com during the Term a non-exclusive, non-transferable, royalty-free license to establish hyperlinks between yours and our Websites and to use your trade names, logos, trademarks and service marks (the “Affiliate Marks”) solely as is reasonably necessary to establish and promote such hyperlinks and to otherwise perform our obligations under this Agreement; provided, however, that any other promotional materials or usages containing any of the Affiliate Marks will be subject to your prior written approval.
Except as set forth above, you and we each reserve all right, title and interest in respective intellectual property rights (e.g., patents, copyrights, trade secrets, trademarks and other intellectual property rights). Use of the other’s marks except as set forth herein is strictly prohibited.
V. Forbidden Actions: Lisa Bond Coaching has the option of terminating this Agreement without notice if, in its sole discretion, coachlisabond.com determines that the Affiliate has breached any or all of the following explicitly prohibited actions: (a) place the Link on a page or screen that contains content that incites, encourages, advocates or promotes discrimination or illegal activities of any kind, or (b) directly violates any FTC rules, or (c) promotes the Link in any deceptive or illegal way.
VI. Referral Fees: Lisa Bond Coaching will pay you a Referral Fee equal to 30% of each Eligible Purchase sold from coachlisabond.com through your affiliate link. Lisa Bond Coaching will track users who access coachlisabond.com from your Affiliate link with a cookie containing your Affiliate information, which will expire in 90 days. An Eligible Purchase made through your link will be recorded in the cookie associated with that website user. You are only eligible to earn a Referral Fee on sales occurring during the Term, and commissions earned through the date of termination will remain payable only if the product orders are not canceled.
VII. Payment of Fees: Your monthly payout amount will be available on the Commissions tab of www.thrivecart.com affiliate program page. Referral fees will be paid on or about the the 30th or the 1st of the Month. Payments will not be made until the amount accrued by your Affiliate sales equals or exceeds $50 in sales. No payment will be made to Affiliate for sales that result in refunds or returns and, at its own discretion, coachlisabond.com may elect to withhold payment for a reasonable time to ensure against cancellations or refunds. Payments shall be made in US Dollars to the account as nominated by the Affiliate in the name of the party and address provided by Affiliate. Affiliate shall be responsible for all taxes associated with the receipt of any payments.
VIII. Representations and Warranties; Limitation of Liability: Affiliate and Lisa Bond Coaching each hereby represent and warrant that: it has full power and authority to enter into this Agreement and to perform its obligations hereunder; it has obtained all permits, licenses, and other governmental authorizations and approvals required for its performance under this Agreement; the services to be rendered by each under this Agreement neither infringe nor violate any patent, copyright, trade secret, trademark, or other proprietary right of any third party.
coachlisabond.com will remain solely responsible for the operation of the coachlisabond.com website, and you will remain solely responsible for the operation of your site. To the fullest extent permitted by law, EACH PARTY SPECIFICALLY DISCLAIMS ANY REPRESENTATION OR WARRANTY REGARDING (i) THE AMOUNT OF SALES THAT coachlisabond.com MAY GENERATE DURING THE TERM, AND (ii) ANY ECONOMIC OR OTHER BENEFIT THAT THE OTHER PARTY MIGHT OBTAIN THROUGH ITS PARTICIPATION IN THIS AGREEMENT. NEITHER coachlisabond.com NOR AFFILIATE WILL BE LIABLE TO THE OTHER FOR ANY INDIRECT, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR LOST DATA) ARISING OUT OF THIS AGREEMENT. coachlisabond.com’s ENTIRE LIABILITY ARISING FROM THIS AGREEMENT WHETHER IN CONTRACT OR TORT WILL NOT EXCEED THE AMOUNTS PAYABLE TO AFFILIATE HEREUNDER.
IX. Fulfillment and Policy: coachlisabond.com will be solely responsible for fulfilling all orders for its products and payment processing, and customers who buy products through the Affiliate Program will be deemed customers of coachlisabond.com. To protect the privacy of coachlisabond.com’s customers, the names of and other personally identifying information about customers will not be provided to you. All information about customers and users collected by coachlisabond.com shall be owned solely and exclusively by coachlisabond.com. All rules, policies, operating procedures and information concerning customer orders and sales will apply to those customers, including our rules of privacy and confidentiality. We may change our policies and operating procedures at any time, and will notify you of any such changes.
X. Termination: Lisa Bond Coaching may modify or terminate this Agreement without cause. Please note that coachlisabond.com reserves the right to change any of the terms and conditions in this Agreement, including the payment terms described in herein, by posting a new agreement on the thrivecart.com or via email from Lisa Bond Coaching website. coachlisabond.com may terminate this Agreement without notice if in its sole discretion it determines that Affiliate has breached the terms and conditions of this Agreement. AFFILIATE FORFEITS ANY ACCUMULATED EARNINGS IF AGREEMENT IS TERMINATED FOR CAUSE. The Affiliate may terminate this Agreement, at any time, with or without cause, by giving at least seven days (7) days written notice of termination to coachlisabond.com.
XI. ADDITIONAL TERMS AND CONDITION
A. Legal Terms. This Agreement shall be binding upon, is for the sole benefit of the Parties hereto, and inure to the benefit of, the successors, executors, heirs, representatives, administrators, and permitted assigns of the parties. The Parties have no right to assign this Agreement, by operation of law or otherwise. Requests, demands, and other communications under this Agreement shall be in writing, and shall be deemed duly given if sent via the Notice Provision below. If any of the provisions of this Agreement are deemed to be invalid, illegal, or unenforceable, the provisions shall remain in effect to the extent allowed by law and the validity, legality, and enforceability of the remaining provisions shall not be affected or impaired. The performance of any condition or obligation imposed on a party under this Agreement may be waived only in writing by you or an authorized official of Lisa Bond Coaching, and only to the extent stated in such writing. Headings and subheadings herein are for the convenience of the parties only, and no special meaning will attach to the headings. This Agreement will be deemed made in and governed by the laws of the state of Ohio without application of its principles regarding conflicts of law. Lisa Bond Coaching shall not be responsible for its failure to perform its obligations under this Agreement caused in whole or in part by events beyond its reasonable control. The Limitation of Liability shall survive the expiration or termination of this Agreement.
B. Compliance With Law. The parties shall comply with all applicable laws in performing this agreement. Whenever there is any conflict between any provision of this Agreement and any law, the law shall prevail.
C. Amendments. The parties may amend this Agreement only by the parties’ written agreement with proper Notice.
D. Assumption of Risk. Client and related parties / participants expressly assume any risk of services and related activities as described herein.
E. Indemnification. To the extent permitted by applicable laws, both Affiliate and Company agree to defend, indemnify, and hold harmless the respective party, its owners, officers, directors, employees, affiliates, contractors, licensors, successors, or assigns from and against any and all liabilities and expense whatsoever, including without limitation, claims, damages, judgments, awards, settlements, investigations, costs, attorneys’ fees, and disbursements which any of them may incur or become obligated to pay arising out of or resulting from breach of this Agreement.
F. Merger. This Agreement constitutes the entire understanding and agreement of the Parties with respect to its subject matter and supersedes all prior and contemporaneous understandings, agreements, inducements or conditions, express or implied, written or oral, between the parties. This agreement expressly supersedes any and all prior written and/or oral agreements, and the terms and conditions of this agreement cannot be modified without the express written consent of both parties. The terms and conditions of this Agreement shall be binding upon the parties, their personal representatives, successors and assigns, and may not be assigned to any third party beneficiary.
G. Force Majeure. Either party may choose to be excused of any further performance obligations in the event of a disastrous occurrence outside the control of either party, such as: an act of God (fires, explosions, earthquakes, hurricane, natural disasters, flooding, storms or infestation), or War, Invasion, Act of Foreign Enemies, Embargo, or other Hostility (whether declared or not), or any hazardous situation created outside the control of either party such as a riot, disorder, nuclear leak or explosion, or act or threat of terrorism.
H. Notice. Parties shall provide effective notice (“Notice”) to each other via either of the following methods of delivery at the date and time which the Notice is sent:
BY JOINING THE PROGRAM YOU AGREE TO THESE TERMS