Affiliate Agreement

If you do not agree to ALL of the terms of this agreement, please do not complete the application for the affiliate program.

As a participant (the “AFFILIATE”, “You”, “you”, “your”) in the affiliate program (the “AFFILIATE PROGRAM”) offered by Jennie + Meredyth, LLC (the “COMPANY”).

The intended parties (the “PARTIES”) to these terms and conditions (the “AGREEMENT”) are the AFFILIATE and the COMPANY.

NOTICE: Please read this agreement carefully. Unless you agree to this AGREEMENT, you may NOT participate in the AFFILIATE PROGRAM.

AFFILIATES

As an AFFILIATE, you are not an employee of the COMPANY. Nothing in this AGREEMENT is intended to create an employer-employee relationship between you and the COMPANY.

To be eligible as an AFFILIATE, you must be:

  • 18 (eighteen) years or older to participate,

  • In good standing with the United States Federal Trade Commission (the “FTC”), and

  • In compliance with and continue to maintain compliance with all FTC guidelines

CONFIDENTIALITY AGREEMENT

AFFILIATES may not disclose any financial, personal, and or business information about the COMPANY without permission from the COMPANY. Such disclosure is grounds for legal action, equitable relief, and termination of this agreement.

You agree not to copy, alter, share, use, duplicate, distribute, or adapt any of the COMPANY’S confidential information which is not directly provided or approved by the COMPANY, and or any confidential information – disclosed or otherwise—that comes into your 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,

  • email list size or contents,

  • event format,

  • presentation materials,

  • financial information or projections,

  • business plans,

  • business processes,

  • marketing plans, strategies, or copy

  • financial projections,

  • customer lists,

  • customer financial information,

  • personal information of executives,

  • sponsorship strategies,

  • relationships with other vendors,

AFFILIATES may not disclose any financial, personal, and or business information about the COMPANY without permission from the COMPANY. Such disclosure is grounds for legal action, equitable relief, and termination of this agreement.

You agree not to copy, alter, share, use, duplicate, distribute, or adapt any of the COMPANY’S confidential information which is not directly provided or approved by the COMPANY, and or any confidential information – disclosed or otherwise—that comes into your 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:

NO TRANSFER OF INTELLECTUAL PROPERTY

You shall not disclose the terms of this AGREEMENT to any third party other than to your employees and or agents who:

(a) have a need to have access to such information and

(b) agree in writing to comply with the confidentiality provisions of this AGREEMENT.

This AGREEMENT imposes no obligation of confidentiality on you with regard to any portion of the COMPANY’S confidential information:

(a) That is part of the public domain at the time of disclosure; or

(b) That becomes part of the public domain after the marketing promotion without any unauthorized act or omission of the AFFILIATE; or

(c) If you can demonstrate by written records that you had independently developed knowledge of such confidential information prior to the date of disclosure; or

(d) If permission to use or disclose said confidential information is first obtained by you in writing from the COMPANY; or

(e) If you are required by law, regulation, rule, act, or order of any court or other government authority or agency to disclose such confidential information.

COMMISSION FEES

Before you may be sent a commission check, you must provide a valid PayPal account.

Commission fees are paid according to these parameters:

Approval by COMPANY and AFFILIATE status reviewed every 10th of the month, or at the discretion of the COMPANY.

After 30 days following the completed purchase that is eligible for an affiliate commission.

30% on all qualified and completed purchases by individuals through your unique URL (unless otherwise specified).

INCOME TAX LIABILITIES

As an AFFILIATE you are responsible for any and all United States, state, or foreign income taxes and any other tax liabilities that affect or concern the sales of the products or services you receive an affiliate commission for by the COMPANY, in your location.

UNPROFESSIONAL CONDUCT

The United States controls the export of products and information.

Each AFFILIATE agrees to comply with such restrictions and to not export or re-export the materials to countries or persons prohibited under the export control laws.

By becoming an AFFILIATE, you agree that you are not in a country where such export is prohibited or are not a person or an entity to which export is prohibited. You are responsible for compliance with the laws of your local jurisdiction with regard to the import, export, or re-export of the materials.

Each AFFILIATEis responsible for compliance with all applicable United States laws and regulations, including but not limited to, those laws pertaining to export control. By registering as an AFFILIATE, you warrant that you are not a citizen or resident of a country designated as having Embargoed nation Status and further, you also warrant that you are not on the list of Specially Designated Nationals or Blocked Persons maintained by the U.S. Treasury Department. The products and/or services are exported from the United States in accordance with the Export Administration Regulations. Diversion to other countries is contrary to U.S. law and is prohibited.

In compliance with the United States Patriot Act, only those who have provided appropriate identification information and do not reside within an embargoed nation and who are not listed on the Specially Designated Nationals list may receive commission checks paid by the COMPANY.

COMMISSION FEES SCHEDULE

Commissions are paid on the 10th of each month when the purchase that created the affiliate commission is completed, not-refunded, and paid-in-full. The COMPANY reserves the right to delay payments when and if there are any discrepancies between the COMPANY and its buyers when the buyers are directly tied to an affiliate commission.

Commissions are not paid for any sales for which payment has not been received, or for any transaction that has been rejected for any reason. The COMPANY is not responsible for paying interest to affiliates for accrued but not yet delivered commission payments.

If a transaction incurs a charge-back, or if an online transaction is not completed in every way no commission payment is due to the AFFILIATE. If a commission has already been paid, then it may be deducted from a future commission.

All commissions are paid in US Dollars by the COMPANY.

You are responsible for maintaining an active PayPal account in good standing through which you receive your affiliate commissions. The COMPANYassumes no responsibility for you choosing not to participate with PayPal.

PRODUCTS INCLUDED

The products and or services provided with active affiliate links are eligible commissions. The COMPANY does reserve the right to impose additional restrictions on active links as necessary and does so in writing to you.

PROMOTIONS AS AN AFFILIATE

As an AFFILIATE of the COMPANY, any advertisements for any of the COMPANY’S products and or services may only include products and or services that do not target persons 13 years of age or younger unless the COMPANY specifically allows such products.

Your website may NOT contain any content or images that are NOT suitable for being viewed by persons 13 years of age or younger if you include any reference whatsoever to the COMPANY, the website, or your affiliate link on any website on which you include any reference whatsoever to the COMPANY, its products, services, you may NOT include any reference whatsoever to any form of adult content.

Any violation of these requirements will result in immediate termination of your AFFILIATE status and forfeiture of any commissions fees that may be due. In the event that any violation of these requirements results in the suspension or termination of any payment processor for or by the COMPANY, you shall be liable for liquidated damages in the amount of $10,000 as well as any consequential or actual damages that the COMPANY may incur.

SPAM & UNSOLICITED COMMERCIAL EMAIL

The COMPANY does not tolerate the sending of unsolicited bulk emails, which promote, or make reference to the COMPANY, or any of their associated companies or websites, Partners, or employees, the websites, products or services.

The provisions pertaining to GDPR (General Data Protection Regulation) shall apply to each AFFILIATE. Any AFFILIATE who, in the decision of the COMPANY, breaches this rule will have their affiliate status canceled and any outstanding commissions are forfeited.

If you violate any of the domestic and or international email marketing laws, that is grounds for immediate termination of your affiliate relationship with the COMPANY.

The COMPANY is in no way responsible financially or legally for your abuse and or violation of the domestic and or international email marketing laws.

UNPROFESSIONAL CONDUCT

The COMPANY and their associated companies operate with the strictest codes of professional conduct. Any AFFILIATE who brings the COMPANY or their employees, partners, or associates into disrepute, or who promotes any form of slander, racism, or unfair business practices, will have their affiliate status canceled and any outstanding commissions are forfeited.

The COMPANY reserves the right to reject any affiliate application if, in the COMPANY’S decision, that person or entity violates established laws or commonly held standards of decency. For example, we will reject applications from any person or company that promotes any form of violence, illegal activities, or from applicants who the COMPANY prefers not to be associated with.

AFFILIATE SALES & TRACKING

The COMPANY only takes the information provided by its affiliate program and will not engage in any discussions about whether an affiliate link was used.

TERM & TERMINATION

This AGREEMENT begins at approval by the COMPANY.

This AGREEMENT terminates when either you or the COMPANY terminates your affiliate status, or if your account is inactive in any continuous twelve-month period.

Youmay terminate this AGREEMENT at any time, and for any reason, by emailing the COMPANY at the email address listed on the website.

You may not transfer this AGREEMENT, or any rights conveyed in this AGREEMENT, to any third party whatsoever. The COMPANY may also terminate this AGREEMENT at any time, and for any reason, by writing to you at the email address listed in the your profile.

The COMPANY may transfer this AGREEMENT to any party whatsoever, at any time, and this AGREEMENT shall remain in full force and effect, without notice to you. However, if this AGREEMENT should terminate for cause due to violation of this AGREEMENT or the Terms and Conditions, this AGREEMENT shall terminate immediately and you shall forfeit all right to any commissions then due.

RIGHTS TO MODIFY AGREEMENT

The COMPANY may in good faith, modify any of this AGREEMENT at any time and at its sole discretion, by posting a change notice or a new agreement in the affiliate portal.

ELECTRONIC COMMUNICATIONS & EMAIL

The COMPANY requires a valid email address be listed in your affiliate account..

NO PREDATORY ADVERTISING

You agree to refrain from any type of predatory advertising practices and shall include, but not limited to, dynamically replacing the affiliate ID of one affiliate with that of another with the effect of stealing the commission away from the affiliate that earned it, whether this be intentional or not. Affiliates may not adjust any of the supplied affiliate links to reset cookies or bypass other safeguards in the system. Affiliates understand that engaging in such practices is grounds for immediate termination and forfeiture of any earned commissions.

LIABILITY

The COMPANY is not liable for indirect or accidental damages (loss of revenue, commissions) due to affiliate system sale tracking failures, commission processing system failures, losses of database files or backups thereof, attacks on computing resources, computer viruses, the continued viability of their products, any results of "intents of harm" to the program, or acts of God or Nature. The COMPANY makes no claim that the operation of the websites or that the COMPANY network will be error-free nor will the COMPANY be held liable for any interruptions or errors.

MISCELLANEOUS PROVISIONS

If any part of this AGREEMENT is declared void, this it shall, to the maximum practicable extent, be construed without reference to that part. No term or provision of the AGREEMENT is waived unless in writing and signed by the party waiving the provision and any waiver shall apply only to the specific event or situation which it describes and shall not be continuing.

This AGREEMENT shall be governed and construed in accordance with the laws of the State of Alabama. You agree that any legal action or proceeding between the COMPANY and you for any purpose concerning this AGREEMENT.will first attempt to be resolved with the help of a mutually agreed-upon online mediator. Any costs and fees (other than attorney fees) associated with the mediation will be shared equally by the PARTIES.

If it proves impossible to arrive at a mutually satisfactory solution through online mediation, we agree to submit the dispute to binding arbitration at the following location: for legal actions or proceedings between the COMPANY and you, in Chelsea, Alabama, United States under the commercial rules of the American Arbitration Association. Judgment upon the award rendered by the arbitration may be entered in any court with jurisdiction to do so.

Any rights not expressly granted in this AGREEMENT are reserved.