AFFILIATE AGREEMENT
This agreement describes the terms and conditions for participation in the Maui Mastermind, a DBA of Maui Millionaire (hereafter referred to as “Maui”) Affiliate Program. The terms “Affiliate,” “you,” and “your” are referring to you, the applicant. “We” and “our” refer to Maui.
We are independent parties and this agreement will not form any partnership.
AGREEMENT DURATION
This agreement will begin upon our acceptance of your affiliate application and will end when terminated by either party.
Termination may happen at any time, with or without cause, by giving the other party written notice of termination.
MODIFICATION
By posting a Change Notice or a new agreement in our Referral Partner Reference Center, we may modify any of the terms and conditions within this Agreement at any time and at our sole discretion. These modifications may include, but not limited to changes in the scope of available referral fees, fee schedules, payment procedures and Program rules. If any of the modifications are UNACCEPTABLE TO YOU, your only recourse is to terminate this Agreement. If you CONTINUE PARTICIPATION IN THE PROGRAM following the posting of a Change Notice or new agreement, it will be considered as your acceptance of the change.
TERMINATION
Either you or we may end this Agreement AT ANY TIME, with or without cause, by giving the other party written notice. Written notice can be in the form of mail, email or fax. In addition, this Agreement will terminate immediately upon any breach of this Agreement by you.
You agree that you are an independent contractor, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between you and Maui. 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 any other of Your Site or otherwise, that reasonably would contradict anything in this Section.
MAUI AFFILIATE PROGRAM RIGHTS AND OBLIGATIONS
We have the right to monitor your site at any time to determine if you are following the terms and conditions of this Agreement. We may notify you of any changes to your site that we feel should be made, or to make sure that your links to our web site are appropriate and to notify further you of any changes that we feel should be made. If you do not make the changes to your site that we feel are necessary, we reserve the right to terminate your participation in the Maui Affiliate Program.
COMMISSION FEES
You will receive 100% commission of the first month’s sale of every membership that is purchased by each of your referrals for the Online Business Coaching Program (“Program”). This equates to $97 per sale.
For a sale to generate a commission to an Affiliate, the customer must complete the order form, remit full payment for the service ordered and have their installation completed. Affiliate commissions will only be paid on sales which are made through qualified Affiliates.
Referral fees can only be earned between the acceptance of the Affiliate application and notice of termination. Any returned checks, chargebacks, or fees from a returned order will be adjusted in the following fee payment. If no fee payment is due a billing invoice for the amount will be issued.
Affiliates must have an active link on their website.
ORDER PROCESSING
Maui will be solely responsible for processing every order placed by a customer on the Affiliate and sub-affiliate sites. Customers who purchase products and services through the Maui will be deemed to be customers of Maui. Prices and availability of our products and services may vary from time to time. Maui policies will always determine the price paid by the customer. We reserve the right to reject any order that does not comply with our rules, operating procedures and policies.
ACCESS TO MAUI AFFILIATE ACCOUNT INTERFACE
You will create a password so that you may enter InfusionSoft’s secure affiliate account interface. From this site you will be able to receive your reports that will describe our calculation of the commissions due to you.
TIMING OF PAYMENT
Maui Affiliate Program shall pay You within thirty (30) days after the end of the month in which Maui has received the relevant payment from the applicable referral, as allocated and determined by Maui. If a referral’s total monthly commission is under $100, payment will be quarterly rather than monthly.
CHARGEBACKS
In addition to Maui’s rights to withhold payment Maui is authorized to charge back any amount paid to You as directed by an advertiser or as a result of Your breach of this Addendum.
WEBSITE RESTRICTIONS
Maui reserves the right not to accept any site into the Maui Affiliate Program based on site content. Sites that Do Not Qualify for the Maui Affiliate Program include sites such as sites that are:
- X- rated and promote sexually explicit materials
- Promoting violence and discord.
- Promoting discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age
- Promoting illegal or questionable activities
- Violating intellectual property rights
Affiliate shall not transmit any so-called “interstitials,” “Parasiteware™,” “Parasitic Marketing,” “Shopping Assistance Application,” “Toolbar Installations and/or Add-ons,” “Shopping Wallets” or “deceptive pop-ups and/or pop-unders” to consumers from the time the consumer clicks on a qualifying link until such time as the consumer has fully exited Merchant’s site (i.e., no page from our site or any Maui content or branding is visible on the end-user’s screen). As used herein a. “Parasiteware™” and “Parasitic Marketing” shall mean an application that (a) through accidental or direct intent causes the overwriting of affiliate and non affiliate commission tracking cookies through any other means than a customer initiated click on a qualifying link on a web page or email; (b) intercepts searches to redirect traffic through an installed software, thereby causing, pop ups, commission tracking cookies to be put in place or other commission tracking cookies to be overwritten where a user would under normal circumstances have arrived at the same destination through the results given by the search (search engines being, but not limited to, Google, MSN, Yahoo, Overture, AltaVista, Hotbot and similar search or directory engines); (c) set commission tracking cookies through loading of Maui site in IFrames, hidden links and automatic pop ups that open Maui sites; (d) targets text on web sites, other than those web sites 100% owned by the application owner, for the purpose of contextual marketing; (e) removes, replaces or blocks the visibility of Affiliate banners with any other banners, other than those that are on web sites 100% owned by the owner of the application.
SPAM (UCE) Unsolicited Commercial E-mail – Maui in no way participates in mass unsolicited e-mailing (i.e. spamming), and all Affiliates are expected to adhere to this policy as well. Violation of this policy will result in the termination of this contract and immediate dismissal from the Maui Affiliate Program, with no refund.
DISCLAIMER We make no express or implied warranties or representations with respect to the Affiliate Program or your potential to earn income from the Maui Affiliate Program. In addition, we make no representation that the operation of our site or the Affiliate Sites will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or down time.
YOUR LEVEL OF SUCCESS IN ATTAINING THE RESULTS CLAIMED IN OUR MATERIALS DEPENDS ON THE TIME YOU DEVOTE TO THE PROGRAM, IDEAS AND TECHNIQUES MENTIONED, YOUR FINANCES, KNOWLEDGE AND VARIOUS SKILLS. SINCE THESE FACTORS DIFFER ACCORDING TO INDIVIDUALS, WE CANNOT GUARANTEE YOUR SUCCESS OR INCOME LEVEL.
ANY AND ALL FORWARD LOOKING STATEMENTS HERE OR ON ANY OF OUR SALES MATERIAL ARE INTENDED TO EXPRESS OUR OPINION OF EARNINGS POTENTIAL. MANY FACTORS WILL BE IMPORTANT IN DETERMINING YOUR ACTUAL RESULTS AND NO GUARANTEES ARE MADE THAT YOU WILL ACHIEVE RESULTS SIMILAR TO OURS OR ANYONE ELSES. NO GUARANTEES ARE MADE THAT YOU WILL ACHIEVE ANY RESULTS FROM OUR IDEAS AND TECHNIQUES IN OUR MATERIAL.
This Agreement will be governed by the laws of the United States and the District of Columbia, without reference to rules governing choice of laws. Any action relating to this Agreement must be brought in the Federal or State courts located in Jackson, WY 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 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 provision or any other provision of this Agreement. By submitting this Affiliate Agreement form, you acknowledge that you have read this agreement and agree to all its terms and conditions. You have independently evaluated this program and are not relying on any representation, guarantee, or statement other than as set forth in this agreement. *Please note that NO COMMISSION is paid on your original purchase of the Online Business Coaching Program. In other words you cannot buy from yourself or be your first purchase for the sole purpose of discounting your own product purchase.
You may not amend or waive any provision of this Agreement unless in writing and signed by both parties. Maui may edit or amend this document at any time.
I have read the terms of this agreement and I accept.