SUMMIT AFFILIATE AGREEMENT
This Summit Affiliate Agreement is being entered into by Rachael G from TheExperiencedGraduate.com (“Summit Host”) and YOU, the affiliate, on July 1, 2018
1. Summit Affiliate Program Description
The Affiliate has agreed to participate in the Back to School Summit, a virtual online summit taking place on September 4 through September 7 (“Summit”). Per this Summit Affiliate Agreement, YOU, The Affiliate, has agreed to participate as an Affiliate (“Affiliate”) in the Affiliate Program for Summit (“Affiliate Program”).
The term of this Agreement (“Term”) shall commence upon your acceptance to the Summit Affiliate Program and shall continue until the completion of the Summit.
The Affiliate Program for Summit is being administered through Gumroad. The Affiliate has signed up as an Affiliate through the website at Gumroad.com (“Affiliate Website”). All affiliate information will be maintained on the Affiliate Website and it is Affiliate’s responsibility to be aware of any changes or updates.
Through the Affiliate Website, Affiliate shall be provided with unique affiliate links and tracking codes. Affiliate acknowledges that he or she must use these links in order to earn affiliate commissions.
Through the Affiliate Website, Affiliate shall be provided with logos, graphics and other promotional materials to promote the Summit. Summit Host grants Affiliate a non-exclusive, non-transferrable, royalty-free license to use these materials as is reasonably necessary to promote the Summit. Summit Host warrants that she is the owner of all Summit promotional materials.
2. Affiliate Sales Monitoring
Affiliate links contain a tracking cookie containing Affiliate’s unique identification. The tracking cookie expires once the user closes their web browser, after a user has first clicked Affiliate’s unique link. Through the Affiliate Program, Affiliate shall receive 50% for each purchase that occurs through use of Affiliate’s unique affiliate link, before the tracking cookie expires.
Affiliate commissions shall be paid after the completion of the Summit via Gumroad. Affiliate shall provide his or her payment information on the Affiliate Website. Affiliate shall maintain responsibility for the payment of any state or federal taxes due on commissions received.
Reporting of affiliate sales, pending sales and/or cancelled sales shall be made available on Affiliate Website.
3. Federal Trade Commission Compliance
Per the Federal Trade Commission (“FTC”) rules and guidelines regarding endorsements, Affiliate shall comply with the guidelines by always disclosing the affiliate relationship when promoting Summit.
4. Affiliate Email Marketing
Affiliate shall not utilize spam email methods in promoting Summit as an Affiliate.
5. Limitation of Liability
Summit Host makes no warranties, guarantees or representations regarding the amount of sales or commissions attributable to Affiliate. In no event shall Summit Host be held liable for any losses, damages or injuries resulting from full performance of this Agreement, to the extent allowed by law.
6. Independent Contract Relationship
Affiliate’s relationship with Summit Host shall be that of an independent contractor. Nothing in this agreement is intended to, or should be interpreted to, create an employment relationship. The Affiliate and Summit Host acknowledge that this Agreement does not create a partnership, joint venture or employment relationship between them, and is exclusively a contract for affiliate commissions related to Summit.
No part of the Affiliate’s compensation (if any) will be subject to withholding by the Summit Host for the payment of any social security, governmental or other employee payroll taxes.
Both parties agree to keep in confidence any confidential information disclosed by the other party during the Term and following expiration of the Term. Confidential information includes, but is not limited to, any business, strategic, customer or technical information.
8. Dispute Resolution
In the event that a dispute arises out of or in connection with this Agreement, the parties agree to attempt to first resolve the dispute through friendly means.
If the dispute is not resolved within a reasonable period of time, this Agreement shall be governed in all respects by the laws of South Carolina and the United States. Each party irrevocably consents to the exclusive personal jurisdiction of the federal and/or state courts of South Carolina, as applicable, for any matter arising out of or in relation to this Agreement. However, in actions seeking to enforce any order or any judgment of such federal and/or state courts located in South Carolina, such personal jurisdiction shall be nonexclusive.
Either party may cancel this Agreement without penalty by giving at least 2 weeks notice to the other party. If Affiliate cancels this Agreement, he or she shall be entitled to commissions earned up to September 1, 2018.
If Summit Host cancels this Agreement due to fault of Affiliate for failure to act within the scope of this Agreement, Affiliate forfeits any and all unpaid commissions. If Summit Host cancels this Agreement due to no fault of Affiliate, Summit Host shall pay affiliate all commissions earned up to cancellation date.
10. General Provisions
Summit Host shall maintain Affiliate Website in such a manner that accurately reflects the click-throughs and sales made by Affiliate.
If any provision of this Agreement is unenforceable, that provision shall be deemed amended to achieve as near as possible the same economic effect as the original provision and the remainder of this Agreement shall remain in effect and not be impaired.
Both parties agree that neither shall be liable for failure to perform or delays in performance caused by circumstances reasonably beyond his or her control.
This Agreement constitutes the entire contract between Summit Host and Affiliate regarding Affiliate commissions. This Agreement supersedes any previous negotiations, commitments, agreements or understandings, oral or written, surrounding Affiliate commissions. Summit Host reserves the right to modify any of the terms of this Agreement at any time and shall provide Affiliate with any changes in a timely manner.
By signing up to be an Affiliate, YOU agree to the Affiliate Agreement.