Affiliate Agreement

Each participant in the Affiliate program offered by AwesomeCRM.com (the “Program Operator”) at (the “Website”) expressly agrees to this Affiliate agreement.NOTICE: PLEASE READ THIS AGREEMENT CAREFULLY. UNLESS YOU EXPRESSLY AGREE AND CONSENT TO THIS AGREEMENT, YOU MAY NOT PARTICIPATE IN THE AFFILIATE PROGRAM. BY PARTICIPATING IN THE AFFILIATE PROGRAM, YOU ARE AGREEING TO COMPLY WITH AND BE LEGALLY BOUND BY THE TERMS AND CONDITIONS OF THIS CONTRACT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, PLEASE DO NOT REGISTER FOR THE AFFILIATE PROGRAM.This agreement incorporates the Program Operator’s terms, conditions, and policies (located on this Website) herein as if it were set forth in full.Throughout this agreement, “Affiliate program” and “program” refers to the Affiliate program operated by the Program Operator in part for the Website.

Affiliates

Each Affiliate is an independent contractor of the Program Operator and not an employee. Nothing herein is intended to create an employer/employee relationship.The program is not a “business opportunity” for purposes of the U.S. Federal Trade Commission’s Business Opportunity Rule, 16 C.F.R. § 437.1 et seq.

Commissions and Referral Fees

Whenever someone orders through your Affiliate link, your Affiliate ID is credited with a referral fee if one is specified on our Website. When another Affiliate registers as an Affiliate using your Affiliate link, your account is credited as the Sponsoring Affiliate if our Affiliate program has a multi-tier structure. You do not earn a referral fee for any other Affiliate’s registration. The commission and any referral fee amount varies from product, service or opportunity. The rate at which your referral fee, if any, is generated can be found on the Website and is subject to change at any time. If the Website is silent as to the commission rate, then the base rate is 20%.Before any Affiliate may be sent a commission check or payment, the Affiliate must submit to the Program Operator “Affiliate Taxpayer Information.” Such information shall include, at a minimum, a substitute W9 which the Affiliate can find on the Program Operator’s website. The Affiliate will not receive any payment of commission/referral fees until such time as the affiliate submits the required documentation to the Program Operator.Commissions on products and services are paid at the rates as indicated on the Website. The Program Operator strives to pay similar rates on future products, services, and opportunities but reserves the right to pay a different scale at any time without notice to affiliates.The Program Operator shall keep accurate and up-to-date records of the data used to determine the total amount of Commissions owed to the Affiliate. The Affiliate shall be given reasonable access to these records upon request. Any discrepancy between the amount of Commissions owed according to these records and the actual amount of Commissions paid to the Affiliate in any period or periods shall be rectified by the Program Operator within 14 days of discovering such discrepancy.

Income Tax Liabilities

Each Affiliate acts as an independent contractor and as such is responsible for any or all United States, state, or foreign income taxes and any other tax liabilities that affect or concern the sales of the products or services, in your state or location. If you are NOT a resident of the United States, the Program Operator will withhold the appropriate U.S. income tax applicable to foreign nationals, prior to your receipt of any commissions. The Program Operator does so pursuant to the United States Internal Revenue Service laws (also known as the United States Tax Code) and other applicable laws and regulations. It is the Affiliate’s sole responsibility, and not the responsibility of the Program Operator, to take any steps necessary to recover these sums under the Tax Code and other applicable laws and regulations.

Embargoed Nations & Specially Designated Nationals

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 (including software) to countries or persons prohibited under the export control laws. By becoming an Affiliate, you are agreeing that you are not in a country where such export is prohibited or are not a person or 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 (including software).Each Affiliate is responsible for compliance with all applicable U.S. 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 Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001 (USA PATRIOT Act), Pub. L. 107-56, 115 Stat. 272, as reauthorized and amended, 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 either the Program Operator or its agent.

Commission Schedule

The Program Operator shall pay all Commissions accrued and payable to the Affiliate within 3 days of the fifteenth day of each month (the “Commission Payment Date.”) The payout schedule can be found below.There is a minimum commission amount of $20. This is the minimum amount that you must earn before you will be paid commissions. In any commission period, your commission must exceed this amount before you will receive any sums for that period. Commissions below this minimum amount will be held until such time as the commission equals or exceeds this amount.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 Program Operator reserves the unilateral right to reject any transaction within its sole discretion for any reason.We are 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 will be deducted from an active Affiliate’s future commissions.All commissions are paid in US Dollars by PayPal, ACH, Check, or Wire Transfer. Processing fees will be deducted from the amount of the commission paid. Fees may change at any time.Affiliates that fail to deposit or cash an affiliate check within 90 days of being issued, or if affiliates fail to input their payment information with The Program Operator, commissions owed to the Affiliate shall be forfeited, and the Program Operator shall not be obligated to pay such Commissions to the Affiliate.

Each Affiliate is responsible for selecting the payment processor, through which to receive their commissions/referral fees, from the payment processors supported by the Program Operator. If you elect a payment processor through which to receive your commissions and you later terminate the account or the account becomes unavailable for any reason, the Program Operator is not responsible for your not receiving the money.Each Affiliate is responsible for always maintaining the payment processor through which they receive their commissions/referral fees. This election is entirely made by the Affiliate and the Program Operator assumes no responsibility for non-receipt of payments made according to the payment processor elected by the Affiliate, or the Affiliate’s lack of ability to then conform to the payment processors or processes supported by the Program Operator.The Program Operator assumes no responsibility for an Affiliate not electing a payment processor. If an Affiliate fails to elect a payment processor, any sums due will be paid via check and any fees applicable to payments by check or bank draft will be deducted.The Program Operator shall pay all Commissions accrued and payable to the Affiliate within 7 days of the fifteenth day of each month (the “Commission Payment Date.”) If at any time, the balance of accrued and payable Commissions is held over for 2 consecutive months, then Company shall pay all accrued and payable Commissions to the Affiliate in the third month, regardless of the total amount owed.Affiliates that do not to provide a Social Security Number or Tax ID Number within 90 days of earning commissions will forfeit all pending commissions.

Mobile Apps

If you include an Affiliate link or otherwise promote the Program using a computer program designed to run on smartphones, tablet computers, or other mobile electronic devices (a “Mobile App”), the Mobile App must comply with the terms of this Agreement. In addition, the Mobile App can only be distributed to end users via Google Play, Apple’s App Store, Microsoft’s Windows Phone Apps+Games Store, and/or Amazon’s Appstore. Prior written approval by the Program Operator is required before distributing the Mobile App by any other means.

The Program Operator Commission Payout Schedule

AwesomeCRM offers a generous compensation plan. You will be paid on the 15th of each month for commissions earned in the previous month.

Please note that this commission schedule is subject to the terms of Affiliate Agreement.

PLEASE READ THE FOLLOWING INFORMATION ON COMMISSION PAYOUTS

All commissions are paid on the actual amounts collected. Sales become commissionable once funds are collected.

AwesomeCRM will revoke any commissions paid on sales that are refunded or charged back.

All commissions are held for 30 days before they are approved to allow for refunds. After 30 days, your commissions will be available for payment.

In the event that the pay date occurs on a major US holiday or over a weekend, payments will be processed on the first following business day.

If you are updating payment information, changes must be completed 5 days prior to the next payout date. If you are a US affiliate and update your banking/payment information, a new W-9 must be completed.

Commission total must reach $20.00 before commissions are paid out.

January 15 -> Affiliates paid for December sales

February 15 -> Affiliates paid for January sales

March 15 -> Affiliates paid for February sales

April 15 -> Affiliates paid for March sales

May 15 -> Affiliates paid for April sales

June 15 -> Affiliates paid for May sales

July 15 -> Affiliates paid for June sales

August 15 -> Affiliates paid for July sales

September 15 -> Affiliates paid for August sales

October 15 -> Affiliates paid for September sales

NovemberNov 15 -> Affiliates paid for October sales

December 15 -> Affiliates paid for November sales

*There may be up to a 3-day delay based on your bank’s policies and transfer times.

WHAT YOU NEED TO KNOW

All commissions are paid on the actual amounts collected. Sales become commissionable once all agreements are signed and funds are collected.The Program Operator will revoke any commissions paid on sales that are refunded or charged back. All affiliates are required to maintain a reserve and recharge reserves when a refund is processed.The Program Operator may withhold 10% on all transactions to cover a reserve for refunds or chargebacks. Allowances are held for 60 days. The allowance will be released after 60 days if the affiliate’s sales volume remains consistent. The release will be applied toward the balance of the account and will be released on the next payment release date.If the system detects a drop in sales, the allowance hold time may extend to up to 180 days to protect the account for refunds and chargebacks and ensure that the affiliate’s account does not go into a negative balance.

In the event that the pay date occurs on a major US holiday or on a weekend, funds will be available the following business day.

Mixing Of Products

As an Affiliate of the Program Operator, your website on which you advertise any products or services of the Program Operator may only include products that are not capable of being viewed by persons 13 years of age or younger unless the Program Operator 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 Program Operator, the Website, the eBook(s), or your Affiliate Link.

On any website on which you include any reference whatsoever to the Program Operator, its products, services, and eBooks, 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 you shall forfeit any commissions/referral 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 the Program Operator, you shall be liable for liquidated damages in the amount of $10,000 as well as actual and any consequential or actual damages that the Program Operator may incur.

Payment Processor Fees

All commissions are calculated based on the net transaction. In other words, all taxes, shipping, and payment processing fees are first deducted from the sums collected from the customer. The remaining amount is a commissionable sale. The commission rate listed on the Website is then applied to determine the amount due to the Affiliate. Any sums paid for taxes, shipping, and payment processor fees are not commissionable. The Program Operator may also charge a per-transaction fee for every transaction processed. In the event that a per-transaction fee is applied, the amount of the fee can be seen on the Website. Any such fee is not commissionable and is also deducted from the sums paid by the customer, prior to the calculation of any commission.

Spam And Unsolicited Commercial Email (UCE)

The Program Operator does not tolerate the sending of unsolicited commercial emails (UCE a.k.a. junk email or spam email) which promote, or make reference to the Program Operator, or any of their associated companies or Websites, Partners, or employees, the Websites, products or services. The provisions of the Program Operator’s Anti-Spam Policy shall apply to each Affiliate. Any Affiliate who, in the opinion of the Program Operator, breaches this rule will have their Affiliate status canceled and any outstanding commissions will be forfeited.

Investigations by Law Enforcement or Government Agencies

The Program Operator reserves the right to reject any Affiliate application or immediately terminate any Affiliate from the Program who has ever been investigated by any law enforcement or government agency for the Affiliate’s marketing or advertising practices in online or offline business ventures. Every applicant for the Program must make full disclosure to the Program Operator of any such investigations, including the results of such investigations so that the Program Operator can make an informed decision as to whether the applicant is eligible for the Program.

Once an applicant is approved, the applicant must also make full disclosure to the Program Operator immediately of any such investigations that occur during the term such an approved applicant is an Affiliate. Any violation of the provisions of this paragraph shall constitute a material breach of this Agreement, the Affiliate’s status as an Affiliate under this Program shall terminate without notice, and the Affiliate shall forfeit all Affiliate commissions as partial compensation for the damages inflicted to the Program Operator by Affiliate’s breach.

Unprofessional Conduct

The Program Operator and their associated companies operate with the strictest codes of professional conduct. Any Affiliate who brings the Program Operator 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 will be forfeited.

The Program Operator reserves the right to reject any Affiliate application if, in the Program Operator’s opinion, 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 Program Operator prefers not to be associated with.

Marketing To Minors

Marketing to minors (individuals less than 18 years old) is highly discouraged. All affiliates must fully comply with the Children’s Online Privacy Protection Act (COPPA), 15 U.S.C. § 6501 et seq., and regulations promulgated thereunder. In addition, direct or indirect marketing to children under 13 years of age is strictly prohibited. The Program Operator reserves the unilateral right to suspend to cancel Affiliate status if the Program Operator or the U.S. Federal Trade Commission (FTC) determines that an Affiliate has marketed to a child under the age of 13 years, violated COPPA, or regulation promulgated thereunder. Any outstanding commissions will be forfeited.

Affiliate Status Disclosure

In your communications with the public and third parties concerning your relationship with the Program Operator, you must clearly disclose that you are an Affiliate in a manner consistent with the U.S. Federal Trade Commission’s material connections disclosure requirements per 16 C.F.R. § 255.0 et seq. You shall not misrepresent or imply that the relationship is a partnership, joint venture, endorsement of your business, or the like.

Keywords and Promotion

Without express prior written approval from the Program Operator, no Affiliate shall register, own, or use a domain name that includes keywords or key phrases that include the Program Operator’s trademarks, service marks, and/or words contained in the Program Operator’s domain name http://AwesomeCRM. Without express prior written approval from the Program Operator, no Affiliate shall use any of these words either in a pay-per-click (PPC) or cost-per-action (CPA) campaign. Any violation of the provisions of this paragraph shall constitute a material breach of this Agreement, the Affiliate’s status as an Affiliate under this Program shall terminate without notice, and the Affiliate shall forfeit all Affiliate commissions as partial compensation for the damages inflicted to the Program Operator by Affiliate’s breach.

Negative Promotional Content

Affiliates shall not use negative content to promote products or services sold by the Program Operator. This includes, but is not limited to, use of reviews or ads that refer to Program Operator products or services as a “scam,” “fraud,” “bogus,” “fake,” “sucks,” or synonyms or phrases that convey the same meaning. The Program Operator is aware that this marketing tactic may generate leads for an Affiliate but it does so at the expense of the Program Operator’s good name. Any violation of the provisions of this paragraph shall constitute a material breach of this Agreement, the Affiliate’s status as an Affiliate under this Program shall terminate without notice, and the Affiliate shall forfeit all Affiliate commissions as partial compensation for the damages inflicted to the Program Operator by Affiliate’s breach.

Monetary Incentives Prohibited

Affiliates shall not use cash rebates or other monetary incentives to promote products or services sold by the Program Operator. This includes, but is not limited to, offering to rebate a portion of the purchase price to anyone who purchases via the Affiliate’s link for the Program. Such monetary compensation devalues the Program at the expense of the Program Operator. Any violation of the provisions of this paragraph shall constitute a material breach of this Agreement, the Affiliate’s status as an Affiliate under this Program shall terminate without notice, and the Affiliate shall forfeit all Affiliate commissions as partial compensation for the damages inflicted to the Program Operator by Affiliate’s breach. However, nothing in this paragraph shall prevent an Affiliate from providing non-monetary bonuses to purchasers as an inducement to purchase through the Affiliate’s link provided that such bonuses are otherwise permitted by law.

Affiliate Sales and Tracking

After signing up for the Affiliate program, you will receive a unique Affiliate URL (“Affiliate Link”) which you will use to advertise the Website. When someone clicks through this URL, a cookie will be set in their browser with your Affiliate ID and their IP address may also be logged with your Affiliate ID. During that visit to the Website or any later visit, when a purchase is made the commission will be given based on the existence of the cookie.The program operator is not responsible for a visitor clearing their cookies or blocking any client or server tracking scripts designed to credit the affiliate for the conversion. Untracked conversions will be credited to the program operator. Commissions will not be moved from one Affiliate to another affiliate.In order to receive proper credit for sales, a person or entity must purchase through your unique Affiliate URL. Masking or cloaking of the links (whether done by software or by a script and sometimes referred to as “Affiliate link cloaking”) may or may not work with parts of the Website and this Affiliate program. The Program Operator allows masking or cloaking but you must provide a repeatable process for our verification of the cloaked link, otherwise, the use of the masked or cloaked link is disallowed.For the purposes of this Agreement, a “Bona Fide Click-Through” shall be defined as any successful attempt by a visitor of the Affiliate’s website to click on the link within the Promotional Materials on the Affiliate’s website and to visit the Program Operators website. The Program Operators shall have sole discretion to determine whether any particular click-through or class of click-throughs shall qualify as Bona Fide Click-Throughs. The Affiliate shall not attempt to: (i) artificially attempt to generate click-throughs to Company’s website by the use of deception or misrepresentation; (ii) manipulate, incentivize, or otherwise encourage the Affiliate’s employees, agents, customers, or other persons to click the link to the Program Operator’s website for any purpose other than the promotion of the services and/or products offered through the Program Operator’s website; or (iii) create or employ any mechanism designed to artificially or automatically generate click-throughs to the Program Operator’s website.An Affiliate referred customer might enter into a sales process with the Program Operator. The Program Operator reserves a time period of sixty (60) days from the time of the initial call with our sales team. During this sixty (60) day time frame, the Affiliate is protected and will receive a commission if the customer upgrades to any of the Program Operator's Coaching or Mentorship Programs. Occasionally, and very rarely, an Affiliate will receive a commission upgrade that was not earned due to a customer purchasing or opting-in to a different Affiliate capture page or sales funnel during this sixty (60) day time-frame. In this case, the commission would be removed from the new Affiliate and granted back to the originating Affiliate.

Term and Termination

This agreement will begin upon your sign-up with the Affiliate program and will end when either you or the Program Operator terminates your Affiliate status, or if your account is inactive in any continuous twelve-month period. An Affiliate may terminate this agreement at any time, and for any reason, by writing to – or emailing – the Program Operator at the email address listed on the Website. The Affiliate may not transfer this agreement, or any rights conveyed in this agreement, to any third party whatsoever.The Program Operator may also terminate this agreement at any time, and for any reason, by writing to Affiliate at the email address listed in the Affiliate’s Profile, with 30 days notice. The Program Operator may transfer this agreement to any party whatsoever, at any time, and this agreement shall remain in full force and effect, without notice to Affiliate. However, if this agreement should terminate for cause due to violation of this agreement or the Website’s other terms, conditions, and policies, this agreement shall terminate immediately and Affiliate shall forfeit all right to any commissions then due.

Rights To Modify Agreement

The Program Operator and its associated companies may, in good faith, modify any of this agreement and/or the Website’s other terms, conditions, and policies (including the Affiliate Commission Schedule), at any time and at its sole discretion, by posting a change notice or a new agreement on the Website. These changes will come into force immediately upon posting. The Affiliate’s continued participation in the Affiliate program following the said posting of a change notice or new agreement shall constitute a binding acceptance by the Affiliate of the change.If any modification to this agreement is not acceptable to the Affiliate, the Affiliate’s only recourse is to terminate this agreement. Upon termination of this agreement, the former Affiliate must remove all Affiliate links and graphics from its website, and refrain from publishing the same in any manner whatsoever.

No Misuse

It is understood that any individual that uses the Program Operator’s system shall not use it in connection with obscene, defamatory, slanderous, hateful, illegal or politically disruptive material, the definition of which shall be at the sole discretion of the Program Operator. It is also understood that Affiliates shall not try to cheat the system in an effort to increase their payments due. If such misuse is detected, the Affiliate will be immediately terminated as an Affiliate and any sums payable as and for commissions will be withheld. All Affiliates further agree to refrain from engaging in any hostile activity toward the system. Any individual that engages in such hostile activity, such as hacking, shall be held liable for any loss sustained by the Program Operator, or its associates due to such action.

As-Is Only

There is no warranty or guarantee of any kind with respect to the Program Operator’s system as far as reliability, stability, quality, or dependability. This means that the Program Operator or its associates are not responsible for any loss or damage incurred directly or indirectly due to the use of the Program Operator’s Website, products, services, or any other facet of the system. This shall include, but is not limited to, any system malfunction, a period of being inoperative or unavailable, loss of data, discontinuation of service, or other inconveniences.

Fees

Affiliates shall be charged NO FEE by the Program Operator for setting up an account to join Affiliate programs or to join any program.

Electronic Communications and Email

The Program Operator requires your primary email address be listed in your Affiliate Profile. Affiliates will not be able to use the Website or participate in the Affiliate program until their email addresses are verified. Those who fail to verify their email address or use an email address that generates an error response consistently (e.g., “User is over quota” or “Mailbox full”) will forfeit any commissions due and this contract will be terminated immediately.Furthermore, when you communicate with us by email, text message, telephone call, or other electronic means, you are agreeing that we can respond to you by the same or other electronic means of communication. You also agree that we can subsequently communicate with you for marketing and other commercial purposes by electronic means using the information you have provided to us (email address, mobile phone number, etc.) unless and until you make a signed written request by email or by mail to our address listed below that these subsequent communications cease. Your request must include the specific contact information you no longer wish us to use for communicating with you (email address, mobile phone number, etc.)You may not use an email address with an auto responder as your Affiliate email address. When you visit the Program Operator’s Websites or send emails to the Program Operator, you are communicating electronically. You consent to receive communications from the Program Operator electronically. The Program Operator will communicate with you by email or by posting notices on the website. You agree that all agreements, notices, disclosures and other communications that the Program Operator provides to you electronically satisfy any legal requirement that such communications be in writing. If you are an Affiliate, you understand that you may NOT opt out of any emails that you receive from the Program Operator. As an Affiliate, you must continually have a valid email account on file with the Program Operator or we reserve the right to terminate your participation immediately, without any refund of any license fees paid or payment of any commission due.

Unauthorized Charging Or Receipt Of Payments Through The Websites

No Affiliate, or other person or entity may use the Website, or the Program Operator payment processing system, for private transactions. Any revenue collected through the Website or through the Program Operator payment processing system may become the sole property of the Program Operator. Specifically, Affiliates may not link to the Website for processing of products or services that are not wholly sponsored by the Program Operator and authorized by the Program Operator and further, may not link to the Website for processing of any products beyond what the Program Operator has identified as salable products for the Website and specific Affiliate sales.

Should any Affiliate of the Program Operator or other person or entity construct links that process orders through the Program Operator payment processing system, the act will be considered an attack of computing resources with intent to damage the Website and therefore treated as a serious computer crime. Violators will be prosecuted to the fullest extent of the law.

Charging Or Receiving Any Payment For Assisting Other Affiliates

The progress of any Affiliate benefits the Program Operator in many ways. If You recruit, sponsor, or obtain an Affiliate through the Websites, by any means, You should always be willing to assist such Affiliate at no charge if you are overriding such Affiliate in a multi-tier payment system. If you are unwilling to assist such Affiliates without charge, your Affiliate status with the Program Operator will be terminated immediately and any commissions due will be withheld permanently as partial compensation for managing the associated and impacted Affiliates. The Program Operator will allow the Affiliate to offer a fee based coaching program based on excessive amounts of time required for assistance. Excessive amounts of time are defined as over or equal to a 60 minute session of assistance, guidance and coaching. A reasonable fee may be charged by the Affiliate.

Affiliate Identification Numbers

You will be required to set up an Affiliate ID. Your Affiliate ID may be numeric and/or CaSe sEnSitIvE. For example, the code ‘learn_more’ is different from ‘Learn_More’. You are responsible for maintaining the secrecy and security of your Affiliate ID and password. You agree to hold the Program Operator harmless in the event that any such information is shared by you with any other person or entity whatsoever. The Program Operator also maintains an Affiliate ID numeric equivalent to the Affiliate ID setup by the Affiliate. This numeric ID resides on The Program Operator’s server.

No Predatory Advertising

All Affiliates in the Affiliate program agree to refrain from any type of predatory advertising practices, the definition of which shall be at the sole discretion of the Program Operator, and shall include, but not be 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.

You acknowledge and agree that no commission is payable if your site:Contains software or uses technology that attempts to intercept, divert or redirect Internet traffic to or from any other website, or that potentially enables the diversion of affiliate commissions from another web site. This includes toolbars, browser plug-ins, extensions and add-ons;Sends traffic to AwesomeCRM, or any other AwesomeCRM websites, that is generated by unauthorized traffic channels, e.g. click exchanges, banner exchanges, traffic exchanges etc; andReplaces DNS errors caused by mistyping the domain name AwesomeCRM with a page showing the appropriate AwesomeCRM banner or affiliate link to our web site.

Liability

The Program Operator will not be 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 Program Operator makes no claim that the operation of the Websites or that the Program Operator network will be error-free nor will the Program Operator be held liable for any interruptions or errors.

Miscellaneous Provisions

If any part of this agreement or the Website’s terms, conditions, and other policies is declared void, this agreement and such terms, conditions, and other policies shall, to the maximum practicable extent, be construed without reference to that part. No term or provision of the Affiliate Agreement shall be 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. No Affiliate may assign or sublicense this agreement without the Program Operator’s prior written consent.All legal or other fees incurred in collecting returned checks or declined credit cards or any other lack of payment related to a sale made by an Affiliate will be payable by the Affiliate. Any sums not collected from the Affiliate or Affiliate’s customer are not commissionable, and any fees incurred during processing or handling of sales made by the Affiliate will be deducted in whole from any commissions due to the Affiliate. Further, in the event that the commissions due the Affiliate are insufficient to cover any sums, the Affiliate agrees to pay the full amount to the Program Operator. If a commission has been improperly paid to the Affiliate on a sale that is not commissionable to the Affiliate because the sale was improper, a refund to the customer has been issued, or for any other reason, the commission amount paid will be deducted from any other commissions due to the Affiliate.IF THE FOREGOING LIMITATIONS OR THE LIMITATIONS WITHIN THE AFFILIATE AGREEMENT AND WEBSITE TERMS, CONDITIONS, AND OTHER POLICIES INCORPORATED BY REFERENCE ARE HELD TO BE UNENFORCEABLE, THE PROGRAM OPERATOR’S LIABILITY FOR DAMAGES UNDER THIS AGREEMENT TO ANY PERSON OR ENTITY SHALL NOT EXCEED THE AMOUNT OF FEES PAID BY THAT PERSON OR ENTITY FOR THE PRODUCT, SERVICE, AND OR EBOOK OR SOFTWARE (LICENSE).To the extent you have in any manner violated or threatened to violate the Program Operator’s intellectual property rights, the Program Operator may seek injunctive or other appropriate relief in any court located in Pinellas, Florida, United States, and you consent to exclusive jurisdiction and venue in such courts. Use of the Program Operator Website is unauthorized in any jurisdiction that does not give effect to all provisions of the Website’s terms, conditions, and other policies including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and the Program Operator as a result of this agreement or use of the Website, products, and/or services. The Program Operator’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of the Program Operator’s right to comply with governmental, court and law enforcement determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.The Program Operator, its principals, employees, and agents shall not be liable for failure to perform any of the Program Operator’s obligations under this Agreement during any period in which the Program Operator cannot perform due to fire, earthquake, flood, or other natural disaster, epidemic, pandemic, explosion, casualty, war, terrorism, embargo, riot, civil disturbance, act of public enemy, act of God, or the intervention of any government authority, or similar cause beyond the Program Operator’s control.This Agreement shall be governed and construed in accordance with the laws of Florida, the United States applicable to agreements made and to be performed in Florida, United States.The Program Operator expressly reserves the right to bring an action for injunctive relief, damages, and other remedies against you for intellectual property infringement in any court of competent jurisdiction. For all other disputes between the parties, you and the Program Operator agree that any legal action or proceeding between the Program Operator and you for any purpose concerning this Agreement or the parties’ obligations hereunder, 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 each party.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 Program Operator and you, in Pinellas, Florida, 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.In no case shall you have the right to go to court or have a jury trial. You will not have the right to engage in pre-trial discovery except as provided in the rules; you will not have the right to participate as a representative or member of any class of claimants pertaining to any claim subject to arbitration; the arbitrator’s decision will be final and binding with limited rights of appeal.

Any cause of action or claim you may have with respect to the Website, the products, the services, or the eBook(s), must be commenced within ninety (90) days after the claim or cause of action arises or such claim or cause of action is barred.The Program Operator’s failure to insist upon or enforce strict performance of any provision of this agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this agreement.

The Program Operator may assign its rights and duties under this Agreement to any party at any time without notice to you.The use of headings in this document is for convenience only and does not identify legal boundaries or terms explicitly.The Program Operator may assign or transfer its rights and duties that it may have to any person or entity whatsoever without notice to you. Nothing herein shall alter or encumber the right of the Program Operator to transfer any such rights or responsibilities. Any transfer by the Program Operator shall cause this Agreement, and any other Agreement then in effect (as well as any other contract between you and the transferring party) to transfer simultaneously, all without permission.

Should this Affiliate program be deemed illegal in any jurisdiction, the Program Operator has the right to immediately terminate this program without recourse.If a jurisdiction other than Florida requires the Program Operator to collect sales taxes, use taxes, other taxes or fees, the Program Operator has the right to immediately terminate this program in such jurisdiction without recourse.If the payment processors utilized by the Program Operator determine that sales made through Affiliates cannot be processed through the payment processor, then the Program Operator has the right to immediately terminate this Program, without recourse.Nothing herein is intended to imply that the Program Operator will always offer any Affiliate program, or this Affiliate program, for all products, services, and/or opportunities sold by the Program Operator on the Websites or that the Program Operator will offer any Affiliate program whatsoever.

If you reside in the European Union, you may have certain rights under Regulation (EU) 2016/679, the General Data Protection Regulation (“GDPR”), to the extent the GDPR does not conflict with the laws of FL and USA. For more information, please see the section of our Website’s Privacy Policy titled “European Union Privacy Rights.”Any rights not expressly granted herein are reserved. This is the entire agreement between the Program Operator and you as an Affiliate.

Phone Assisted Sales

The Program Operator may also operate a call center. Call center representatives might make offers to referred customers of the Affiliate.Affiliate commissions earned on all products that are offered through the Program Operator’s call center will be paid as per the affiliate commission level minus a small fee to be paid to the call center representative, as determined by the Program Operator.Any rights not expressly granted herein are reserved. This is the entire Agreement between the Program Operator and you as an Affiliate.NOTE: The Program Operator reserves the right to update commission amounts at any time.

Fraudulent Transactions

There are certain risks associated with compensating affiliates on a CPA (Cost Per Acquisition) basis, particularly if the commission is at a higher rate than the product purchase amount, such as with the Premier Affiliate program. This increases the risk of fraudulent activity, such as affiliates financially incentivizing sales with commission kickbacks. Affiliates are strictly forbidden from offering any kind of monetary compensation, partial reimbursement, or any other financial incentive for completing a purchase. For example, if an affiliate were to offer a financial reimbursement in any dollar amount toward the purchase price of a product, this would be a violation. Non-monetary incentives from affiliates such as bonuses are acceptable and would not be a violation.The company has screening and monitoring in place to ensure the standards are maintained and upheld. If an account is flagged for potential fraudulent activity, or is otherwise suspected of violating the terms of this agreement, the company will launch an investigation, and if a violation is confirmed, may take one or more of the following actions:

The affiliate will lose their affiliate account altogether and be permanently banned from the AwesomeCRM affiliate program.The affiliate will be removed from all Facebook communities associated with AwesomeCRMThe affiliate will lose access to coaching and mentorship programs with AwesomeCRM and no refund will be issued.

We ask our affiliates to promote in an ethical and responsible way. The Premier Affiliate Program is setup so that this is a beneficial arrangement for the affiliate and for AwesomeCRM.

Spam & Unsolicited Email

The company does not tolerate the sending of unsolicited commercial emails (UCE a.k.a. junk email or spam email) 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 of the Program Operator’s Anti-Spam Policy shall apply to each Affiliate. Any Affiliate who, in the opinion of the Program Operator, breaches this rule will have their Affiliate status canceled and any outstanding commissions will be forfeited.

Qualified and Unqualified Traffic Sources

We advise affiliates to use best practices and adhere to platform rules and requirements when using paid advertising platforms. It is solely the responsibility of each affiliate to familiarize themselves with the rules, requirements and restrictions of each platform. Below is a list of advertising platforms and traffic sources that are acceptable for promoting AwesomeCRM under the Premier CPA Affiliate Program. If any platform or advertising source is not mentioned, the affiliate is highly encouraged to submit a request to ensure the traffic is from an approved source:

Meta/InstagramYouTube/GoogleTikTokBlogging/Organic (SEO Rankings)

The following traffic sources are considered unacceptable and will result in the loss of your status as an affiliate:

Advertising

Networks

Solo Ads

Any affiliate found to be in violation of the terms of this agreement may have their account canceled without notice.

This Affiliate program agreement was last updated on Oct 5, 2024Copyright © 2008-2020 Law Office of Michael E. Young PLLC, and licensed for use by the owner of this Website at https://awesomecrm.com. All Rights Reserved. No portion of this document may be copied or used by anyone other than the licensee without the express written permission of the copyright owner. Use of this document does not make the website owner a client of the law firm. Contact the website owner with any questions or concerns about this site.