Affiliate Agreement
This agreement describes the entire terms and conditions for participation in the Christine Cobb Marketing Affiliate Program. In this agreement, the term “Participant” refers to you (the applicant), and “sponsoring web site” refers to the web site from which you will link to us.
Christine Cobb Marketing is the sole and exclusive owner of all right, title and interest including all intellectual property rights in and to the contents, logos, style, design, look and feel, trade names, trademarks to all literary works, computer software programs, products, goods and services (including and all future versions thereof) currently entitled the (“Product”). Product refers to the singular as well as the plural.
You can add or remove links any time you wish:
You may add as many links to our site, or remove such links, at any time and without prior approval from Christine Cobb Marketing.
Affiliate Sales Commissions:
If, as a result of a direct advertising effort of the Affiliate, a referred customer of the Affiliate orders and pays for the Product or other goods or services sold by Christine Cobb Marketing in the future, Christine Cobb Marketing shall pay the Affiliate a sales commission determined in accordance with the Affiliate Compensation Schedule which is set forth in this Agreement and which forms an integral part of it. The commission is based upon the paid selling price of the purchased goods or services before tax, net of coupons and excluding returns (“Sales Commission”).
The purchase price of qualifying sales will count toward the total sales during the calendar month in which such sales are made. Only qualifying sales of the Product, to a customer and for which Christine Cobb Marketing has received full payment will qualify for the specified referral fee.
The total of such sales in any given month will generate commissions, based upon the following schedule:
Christine Cobb Marketing sends out commission payments in the amount of 30% on Deliver Digital Coaching and 50% on other digital products and the following fixed dollar amounts on Done For You website packages: $50-Basic; $70-Pro; $200-Premium. In addition monthly maintenance sales carry a fixed dollar payment per referred customer of $49 after the second monthly payment is remitted by the customer. Payments are made within 31-60 days of the sale. Payments are generally made on the 5th of each month on sales where the 30-day refund period has lapsed. Christine Cobb Marketing reserves the right to negotiate a higher commission payment to super affiliates and JV partners.
Christine Cobb Marketing reserves the right to hold payments under $10 until the next calendar month in which the cumulative referral fee due exceeds $10, or until this agreement is canceled.
Participant can check the status of commissions earned at any time by visiting the site at the link provided on our site.
If a refund is requested by a customer on a qualifying sale, its referral fee will be deducted from the amount due to the Participant.
Delivery and Order Processing:
Christine Cobb Marketing will be solely responsible for processing every order placed by a customer following a special link from the sponsoring web site. Order forms, payment processing, shipping, cancellations, returns, and related customer service are the responsibility of Christine Cobb Marketing.
All of the rules, operating procedures and policies of Christine Cobb Marketing regarding customer orders and accounts will apply to orders we receive through special links on your sponsoring web site. Christine Cobb Marketing reserves the right to reject any order at its sole discretion.
Copyrighted Material:
The participant is solely responsible for ensuring that your reviews and descriptions comply with all applicable copyright and other laws and shall hold Christine Cobb Marketing harmless for any violations thereof.
Customers of Christine Cobb Marketing:
Every customer who purchases a product is deemed to be a customer of Christine Cobb Marketing. Christine Cobb Marketing is not responsible for any representations made by the Participant which contradict our policies.
Pricing and Availability:
All prices shall be established by Christine Cobb Marketing. In case of any price discrepancies, the price charged to the customer will always be the price listed on the web page linked from your sponsoring web site.
Operation of Web site and Processing:
Christine Cobb Marketing will make all reasonable efforts to keep its web site operational. However, certain technical difficulties may, from time to time, result in temporary service interruptions. Christine Cobb Marketing shall not be liable for any of the consequences of service interruptions, which may occur.
Modification and Cancellation:
Christine Cobb Marketing reserves the right to change any of the terms and conditions in this agreement, at any time and in its sole discretion, by posting said new terms on this web site. Said modifications shall be deemed accepted by participant.
Independent Contractors:
Participants of Christine Cobb Marketing’s affiliate program are independent contractors and nothing in this agreement is intended to or will create any form of partnership, joint venture, agency, franchise, sales representative or employment relationship between the parties.
Tax Reporting for U.S. Sole Proprietors:
If you reside in the U.S. and operate as an individual or sole proprietor, Christine Cobb Marketing is required to send you a 1099 if your cumulative payments are $600 or more. Therefore, we must have a W-9 on file. Christine Cobb Marketing reserves the right to withhold payments until we receive a duly executed digital or physical form W-9. It is the responsibility of the Participant to inform Christine Cobb Marketing of their tax status in regard to this provision.
Affiliate tagging:
Christine Cobb Marketing uses a lifetime database tagging system to track affiliate commissions. This means that once a referral is made, any future purchases by the referred party will generate a commission to the referrer for the lifetime of the affiliate program. Should a second Participant refer a customer who already resides in our database as tagged to the first Participant, no commission will accrue to the second Participant.
Self Referrals
Self Referrals are strictly prohibited. Any commission generated by a Participation from the purchase of a product by the Participant will be voided.
Term and Termination
The term of this Agreement will begin when you accept and will end when terminated by either party. Either Christine Cobb Marketing or you may terminate this Agreement at any time, with or without cause, by giving the other party written notice of termination. Upon the termination of this Agreement for any reason, all licenses granted hereunder shall immediately terminate and you will immediately cease use of, and remove from Affiliate’s Web Site, all links to the Christine Cobb Marketing Site, and all Christine Cobb Marketing trademarks and logos, other Christine Cobb Marketing Marks and all other materials provided in connection with this Agreement.
We may reject your application or terminate you if we determine (in our sole discretion) that your site is unsuitable for the Program for any reason, including, harmful, threatening, defamatory, obscene, sexually explicit harassing, or racially, ethically, or otherwise objectionable, such as sites that:
Promote sexually explicit materials;
Promote violence;
Promote discrimination based on sex, religion, nationality, disability, sexual orientation, or age;
Promote illegal activities; or
Infringe or otherwise violate any copyright, trademark, or other intellectual property rights.
SPAM is strictly prohibited. If you SPAM people through email, instant messaging, text messaging or other means, your account will be terminated and all accrued commissions forfeited. We have a zero tolerance towards SPAM.
Compliance with Applicable Laws
You are solely responsible for the accuracy and appropriateness of all materials posted on Affiliate’s Web Site, and for ensuring that your activities and materials posted on Affiliate’s Web Site are not defamatory, in violation of copyright laws or otherwise illegal. You agree to indemnify and hold Christine Cobb Marketing harmless for any violations of the foregoing. Christine Cobb Marketing disclaims all liability for these matters.
Limitations of Liability
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT, CHRISTINE COBB MARKETING WILL NOT BE LIABLE TO YOU WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY, OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF GOODWILL OR ACTUAL OR ANTICIPATED REVENUE, PROFITS OR LOST BUSINESS), EVEN IF CHRISTINE COBB MARKETING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT, IN NO EVENT SHALL CHRISTINE COBB MARKETING’S CUMULATIVE LIABILITY TO YOU ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER BASED IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE AND STRICT LIABILITY) OR OTHER LEGAL OR EQUITABLE THEORY, EXCEED THE TOTAL REFERRAL FEES PAYABLE TO YOU UNDER THIS AGREEMENT.
AFFILIATION AND COMPENSATION DISCLOSURES
As of December 1st, 2009, The Federal Trade Commission of the United States of America has set forth new Guidelines for Endorsements and Testimonials, demanding that all Endorsers and Testimonial Givers divulge the nature of their compensation and affiliation with the product company or manager.
Therefore as part of this affiliate agreement, you agree to ‘Clearly and Conspicuously’ divulge how you are monetarily compensated through your referral sales, and that you receive(d) any other compensation from Christine Cobb Marketing, monetary or otherwise, as the case may be, whenever you put forth any endorsement or testimonial in any media with the purpose of endorsing our products or services with the intent to sell them to consumers.
You further agree to use only the promotional materials that have been sanctioned by Christine Cobb Marketing and to take full responsibility for your own actions should you be investigated for not adhering to the Federal Trade Commission of the United States of America has set forth new Guidelines for Endorsements and Testimonials, and shall not hold Christine Cobb Marketing responsible in any way for actions or use of promotional materials not sanctioned by Christine Cobb Marketing
You further agree that you have read and understand the new Guidelines for Endorsements and Testimonials 16 CFR Part 255 (which can be found at http://www.ftc.gov/os/2009/10/091005endorsementguidesfnnotice.pdf ) that the Federal Trade Commission of the United States of America has set forth and which go into effect on December 1st, 2009. And you also hereby agree to uphold ALL of the provisions contained in that document while endorsing or promoting products or services for Christine Cobb Marketing
Failure to do so may (at the sole discretion of Christine Cobb Marketing) result in immediate termination of your affiliate account, and forfeiture of any commissions accrued.
Disclaimers
We make no express or implied warranties or representations with respect to the Affiliate Program or your potential to earn income from the 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 errors.
Mediation & Arbitration
If a dispute arises under this agreement, we agree to first try to resolve it with the help of a mutually agreed-upon mediator in the following location: Houston, Texas. Any costs and fees other than attorney fees associated with the mediation will be shared equally by each of us.
If it proves impossible to arrive at a mutually satisfactory solution through mediation, we agree to submit the dispute to binding arbitration at the following location: Houston, TX, under the 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. Mediation will be shared equally by each of us.
Miscellaneous
Entire Agreement. This Agreement constitutes and contains the entire agreement between the parties with respect to the subject matter hereof and supersedes any prior oral or written agreements. This Agreement may not be amended except in writing signed by the parties. Each party acknowledges and agrees that the other has not made any representations, warranties or agreements of any kind, except as expressly set forth herein.
Assignment. You may not assign your rights or obligations under this Agreement to any party.
Applicable Law. This Agreement shall be governed by and interpreted in accordance with the laws of the State of Texas without regard to the conflicts of laws, rules and principles thereof.
Severability. If any provision of this Agreement is held to be invalid or unenforceable, that provision shall be eliminated or limited to the minimum extent necessary such that the intent of the parties is effectuated, and the remainder of this agreement shall have full force and effect.
Notices. Any notice required under this Agreement may be given by email, fax or written letter to the number or address you provide.
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.
Last amendment: October 26, 2013
This AFFILIATE AGREEMENT Was Produced Using AutoWebLaw
