Affiliate Terms

This Agreement contains the complete terms and conditions that apply to your participation as an Affiliate of The CEO Effect, LLC Affiliate Marketing Program, and the establishment of hypertext links from your Website and emails sent by you for the purpose of you earning Referral Fees from Qualifying Purchases made by third parties who have navigated from your website or emails via said hypertext links.

 

  1. Definitions

As used in this Agreement, “we”, “us”, “Shahara Wright Menchan,” “ContractsDoneWright.com,” or “BusinessDoneWright.com” means The CEO Effect, LLC, 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 The CEO Effect, LLC by which participating entities place links on their Website that connect to the ContractsDoneWright.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 The CEO Effect, LLC e-courses and products purchased by users during a visit to ContractsDoneWright.com or BusinessDoneWright.com following the navigation to the designated URL on ContractsDoneWright.com or BusinessDoneWright.com through a hypertext link from you under this Affiliate Marketing Program.
“Net Proceeds” will mean the gross proceeds received by The CEO Effect, LLC from Qualifying Purchases on ContractsDoneWright.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 Qualifying Purchases made at ContractsDoneWright.com under the terms of this Agreement and the Affiliate Marketing Program, and acknowledged as such by The CEO Effect, LLC at its sole discretion.
“$”, “dollar” or “dollars” mean US Dollars.
  1. 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 CEO Effect, LLC Affiliate Marketing Program, such application signifying your acceptance of this Agreement.
The term shall be for a period of one (1) year from said acceptance, and shall automatically renew for successive one (1) year terms unless either Party gives thirty (30) days’ notice to the other that it intends not to renew the Agreement at the end of the current term.
  1. Promotion

The CEO Effect, LLC will make available to you, or you will create, subject to our approval, a variety of graphic and textual links (the “Links” collectively, or “Link” individually) in order to link to ContractsDoneWright.com. You and we will cooperate in good faith to develop and implement such Links. Each Link will permit recipients to navigate directly to a page on the ContractsDoneWright.com website designated by us via a special tagged link format.
You will be responsible for integrating the Links into your site to properly enable sales tracking, and we will not be responsible for your failure to do so, including to the extent such failure may result in any reductions of amounts that would otherwise be paid to you under this Agreement.
It is understood that you will introduce Company software and services to your current and prospective customers and will comply with all laws as well those that govern email marketing and anti-spam laws.
Company reserves the right to accept or reject any prospective customers and will pay you a commission per customer referred using your affiliate code according to the designated payment schedule.
Any Affiliate Program may be amended or terminated at any time. Information about the Affiliate Programs will be available on the Company website.  The Affiliate must keep themselves informed of any amendments of Affiliate Programs, in particular if a registered website has terminated its Affiliate Program or changed the conditions for remuneration to Affiliates.
The Affiliate must comply with the requirements of the Affiliate Program, including in particular any stipulations as to the nature and content of the Affiliate's website and the use of third party or other Affiliates trademarks and logos.
  1. Forbidden Actions
This Agreement will be terminated without notice if, in its sole discretion, The CEO Effect, LLC determines that the Affiliate has breached any or all of the following explicitly prohibited action. THE AFFILIATE WILL FORFEIT ANY ACCUMULATED EARNINGS IF THE AGREEMENT IS TERMINATED UNDER THIS PROVISION.
Click Fraud: Affiliate shall not, either directly or indirectly, act, encourage or require users to click on links to ContractsDoneWright.com and/or generate clicks or orders through any means that could be reasonably interpreted as coercive, incentivized, misleading, malicious, or otherwise fraudulent.
Inappropriate Content: No Link will be placed on any page or screen that contains content that: incites, encourages, advocates or promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age; incites, encourages, advocates or promotes illegal activities including, but not limited to, violence against persons or property, terrorism, armed insurrection, piracy or treason; incites,    encourages, advocates or promotes the sexual abuse or exploitation of children and minors; violates the intellectual property rights of third parties; or contains or promotes deceptive information.
Own Purchases: Affiliate shall not use their own affiliate link in order to receive commissions on their own purchases.
Not Legal Advice:  Affiliate cannot claim personal representation by Shahara Wright Menchan as an attorney.  The information is general in nature.  Specific legal issues should be handled by an attorney licensed in the jurisdiction where the purchaser resides. 
  1. Referral Fees

The CEO Effect, LLC will pay you a Referral Fee equal to 30% of the aggregate Net Proceeds received from Qualifying Purchases made at ContractsDoneWright.com.
Referral Fees will also be payable on e-course and product purchases made by customers during the Term of the agreement who previously made a Qualifying Purchase through a hypertext link from you under this Affiliate Marketing Program.
The CEO Effect, LLC shall track users who access ContractsDoneWright.com from the Affiliate's website via an affiliate link with a cookie containing the Affiliate’s identification, and that expires in thirty 30 days following said visit. The cookie containing the Affiliate identification will be replaced with the cookie of another affiliate if the user subsequently accesses ContractsDoneWright.com from the link of the other affiliate. A Qualifying Purchase made prior to the expiration of the cookie will be attributed to the Affiliate link provider whose Affiliate identification is 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.  The term of this Agreement will begin upon our acceptance of Your Affiliate Program application. 
You are only eligible to earn Commission Fees on Qualified Purchases occurring during the term, and Commission Fees earned through the date of termination will remain payable only if the orders for the related Products and Services are not cancelled and comply with all Terms laid out in this Agreement.
We may withhold Your final payment of Commission Fees for a reasonable time to ensure that all Qualified Purchases are valid and payment from Referred Customers are legitimate as determined by Company in its sole discretion.
Any Affiliate who violates either this Agreement or Company's Terms and Conditions will immediately forfeit any right to any and all accrued Commissions Fees and will be removed from the Company Affiliate Program.
Without limitation, Affiliate's participation in the Program, and this Agreement, shall be deemed automatically terminated immediately and all commissions forfeited upon Affiliate's violation of any of the terms of this Agreement or of any applicable law or regulation having the force of law.
  1. Enrollment in the Affiliate Program

Payments hereunder will be in accordance with reports made available on the Affiliately website of Qualifying Purchase for which Referral Fees are payable.
To begin the enrollment process, you will register via Affiliately.  We will evaluate your application and notify you of your acceptance or rejection.  We may reject your application for any reason our sole discretion.
We generally reject applications related to websites that: Promote violence; Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age; Promote illegal activities or are intended to harass or defame anyone; Or variations or misspellings thereof in their domain names; or otherwise violate our intellectual property rights or the intellectual property rights of others.
If we reject your application, you are welcome to reapply to the Program at any time.
If we accept your application, we reserve the right to terminate your participation in the Program for any reason in our sole discretion immediately without prior notice.
  1. Modification:

We may modify any of the terms and conditions in this Agreement at any time at our sole discretion.  In such event, you will be notified by email. Modifications may include, but are not limited to, changes in the payment procedures and Company Affiliate Program rules.
If any modification is unacceptable to you, your only option is to end this Agreement.  
Your continued participation in the Company Affiliate Program following the posting of the change notice or new Agreement on our site will indicate your agreement to the changes.
  1. Payments
Referral fees will be paid monthly. If during any calendar month's referral fees do not exceed twenty-five dollars ($25.00), then you may not receive payments until the following calendar month during which your aggregate referrals fees equal or exceed said amount or until the termination of this agreement, whichever occurs earlier.
No payment will be made to Affiliate for sales that result in refunds or returns and, at its own discretion, The CEO Effect, LLC 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
You understand that the Payout amount may be changed at any time.  You are responsible for determining if the Payout for a Link you have placed on your site has changed or been discontinued.
  1. Representations and Warranties; Limitation of Liability

Each of us hereby represents and warrants that:
  1. it has full power and authority to enter into this Agreement and to perform its obligations hereunder;
  2. it has obtained all permits, licenses, and other governmental authorizations and approvals required for its performance under this Agreement;
  3. the services to be rendered by each of us under this Agreement, neither infringe nor violate any copyright, trade secret, trademark, or other proprietary right of any third party.

The CEO Effect, LLC will remain solely responsible for the operation of the ContractsDoneWright.com website, and you will remain solely responsible for the operation of your site. Each party acknowledges that their respective sites may be subject to temporary downtime due to causes beyond their reasonable control subject to the specific terms of this Agreement, retains sole right and control over the programming, content and conduct of transactions over its respective site or service.

Only duly-authorized Company officers, employees, and agents will have access to information furnished or obtained in connection with the test; that they will maintain and protect the confidentiality of such information to the greatest extent possible; and that they will share such information only to the extent necessary to make employment decisions and to respond to inquiries or notices from government entities.

EACH PARTY SPECIFICALLY DISCLAIMS ANY REPRESENTATION OR WARRANTY REGARDING (i) THE AMOUNT OF SALES THAT THE CEO EFFECT, LLC MAY GENERATE DURING THE TERM, AND (ii) ANY ECONOMIC OR OTHER BENEFIT THAT THE OTHER PARTY MIGHT OBTAIN THROUGH ITS PARTICIPATION IN THIS AGREEMENT.

  1. Indemnification

We agree to indemnify, defend and hold harmless you and your affiliates, directors, officers, employees and agents, from and against any and all liability, claims, losses, damages, injuries or expenses (including reasonable attorney’s fees) relating to the operation of our site, a breach of our obligations under this Agreement, or the violation of any third party intellectual property rights of editorial content or other materials provided by us for display on your site.
You agree to indemnify, defend and hold harmless us and our affiliates, directors, officers, employees and agents, from and against any and all liability, claims, losses, damages, injuries or expenses (including reasonable attorney’s fees) relating to the operation of your site, a breach of your obligations under this Agreement, or the violation of any third party intellectual property rights of editorial content or other materials on your site.
  1. Intellectual Property Rights

The CEO Effect, LLC 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 The CEO Effect, LLC’s trade names, logos, trademarks and service marks (the “The CEO Effect, LLC 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 CEO Effect, LLC Marks will be subject to The CEO Effect, LLC’s prior written approval.
You hereby grant to The CEO Effect, LLC 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., copyrights, trade secrets, trademarks and other intellectual property rights). Use of the other’s marks except as set forth herein is strictly prohibited.
  1. General Provisions

i. You and we will each monitor and periodically test the general availability and operation of our respective Website.
ii. You and we are entering this Agreement as independent contractors, and nothing will be construed to create a partnership, agency, joint venture or employment relationship between you and us.
iii. In its performance of this Agreement and in the operation each party’s respective Websites, you and we each will comply with all applicable laws, regulations, orders and other requirements, now or hereafter in effect, of governmental authorities having jurisdiction. Without limiting the generality of the foregoing, you and we each will pay, collect and remit such taxes as may be imposed with respect to any compensation, royalties or transactions under this Agreement.
iv. Neither you or we will be considered to be in breach of, or default under, this Agreement on account of any delay or failure to perform as a result of any causes or conditions that are beyond our respective reasonable control. If any force majeure event occurs, the affected party will give prompt written to the other and will use commercially reasonable efforts to minimize the impact of the event.
v. You may not assign this Agreement, in whole or in part, 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.
vi. The failure of either you or us to enforce any provision of this Agreement will not constitute a waiver of the right to subsequently enforce the provision. Any remedies specified in this Agreement are in addition to any other remedies that may be available at law or in equity.
vii. This Agreement represents the entire Agreement between you and us with respect to the subject matter hereof and supersedes any other oral or written agreements regarding such subject matter, and may be amended or modified only by a written instrument signed by a duly authorized agent of each party.
viii. If any provision of this Agreement will be declared by any court of competent jurisdiction to be illegal, void or unenforceable, all other provisions of this Agreement will not be affected and will remain in full force and effect.
  1. Termination

Termination Without Cause: The CEO Effect, LLC may modify or terminate this Agreement without cause. Please note that The CEO Effect, LLC 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 ContractsDoneWright.com website.
Termination For Cause: The CEO Effect, LLC 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 The CEO Effect, LLC.
  1. Jurisdiction

This Agreement has been made in and shall be construed and enforced in accordance with the laws of the State of Texas.  Any action to arising hereunder will be brought in the federal or state courts, located in the State of Texas; Venue Fort Bend County.
  1. Service of Notices

Any notices under this agreement will be given in writing. Notices may be given by electronic mail to swright@theceoeffect.net and will be deemed delivered and given for all purposes on the sent date, but only if the receiving party has confirmed its receipt by return electronic mail. Notices sent via traditional means will be sent via certified mail, return receipt requested, to The CEO Effect, LLC, 4800 Sugar Grove Blvd., Ste. 400, Stafford, TX 77477.

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