Affiliate Agreement
THIS AFFILIATE AGREEMENT (the "Agreement"), is by and between Topsie VandenBosch, owner of Topsie VandenBosch, and the Affiliate, (hereafter referred to as "you”, “your”) (sometimes individually referred to as a "Party" and collectively as "Parties").
WHEREAS, Topsie VandenBosch and the Affiliate have agreed to create an affiliation between them in which Topsie VandenBosch and the Affiliate will share the revenue created by the sale of any Destroy the Mindset Drama on any sale where the Affiliate has been identified as the “Referred by” person by the purchaser.
NOW THEREFORE, toward this end, and in consideration of the promises, covenants and agreements contained herein, and the mutual benefits to be derived from this Agreement, the Parties agree as follows:
General Reminders
- Affiliates must not send unsolicited emails and must comply with the CAN-SPAM act, and any applicable laws in the Affiliate’s jurisdiction.
- Affiliates must not register and/or use domains with the wording: Topsie VandenBosch, or any similar term contained within such domains.
- Affiliates must not disparage or misrepresent Topsie VandenBosch or any of its other properties in any way, in particular using words like "scam" or "rip-off."
- Affiliates must not bid on or otherwise attempt to acquire any rights in Topsie VandenBosch, or Destroy the Mindset Drama or any of its other properties for copyrights, service marks, or trademarks.
- Affiliates must not promote Topsie VandenBosch or any of its other properties on or through any sites with inappropriate content, as determined by Topsie VandenBosch.
- As an Affiliate, you are solely responsible for the results of your actions.
- You must be 18 years old to participate in this affiliate program.
- You cannot transfer your rights under this Agreement to any non-party to this Agreement.
Role of the Affiliate
The Affiliate is an Internet marketer or other individual who has voluntarily chosen to take on the role of promoting Destroy the Mindset Drama.
When an Affiliate directs or sends a prospective buyer to Destroy the Mindset Drama and that visitor then identifies the Affiliate under “Referred By” on the application and purchases the program, the Affiliate will receive a commission from Topsie VandenBosch on the sale of that course (the "Commission").
The Affiliate will receive a commission of 15% of the purchase price of any course purchased that identifies the Affiliate under “Referred by” on the application. All Commissions are paid in US dollars.
Payments
The Affiliate’s Commission on each sale will be paid out no later than 30 days. All payouts will be delivered via bank transfers or PayPal. Should an issue arise regarding the timing of your payout, a member from Topsie VandenBosch’s team will contact you immediately.
Chargebacks
If any course is charged back (due to a customer refund) at any time up to 12 months from the date of sale, Topsie VandenBosch will charge Affiliate back for that Commission.
If you have questions about Commissions, contact [email protected].
Affiliate Responsibilities
Information
The Affiliate is responsible for providing Topsie VandenBosch with the correct contact information at the time that Affiliate registers for the Affiliate Program, and Affiliate must keep their contact information up-to-date at all times. Failure to provide Topsie VandenBosch with correct contact information could result in the suspension of your Affiliate Program account because Topsie VandenBosch may be unable to contact you regarding important issues concerning the Affiliate Program and your participation therein. Additionally, payments may be delayed if you provide Topsie VandenBosch with the wrong information. If you become aware that you have provided incorrect contact information or if your contact information becomes out-of-date, you must immediately contact Topsie Vandenbosch and provide correct contact information:
Legal Name:
Address:
Email:
PayPal Email:
Prohibited Actions
You agree not to:
- Misrepresent Topsie VandenBosch or any other properties, products, or services related to the aforementioned.
- Disparage Topsie VandenBosch the or any affiliated products including, without limitation, any references to Destroy the Mindset Drama using the words "scam," "rip-off," or any words with a similar or associated meaning in any advertisement or website copy.
- Engage in any conduct that is likely to impair or cause damage to the operation of Topsie VandenBosch whether by way of a virus, corrupted file or through use of any other software or program.·
- Run advertising to promote Topsie VandenBosch, including but not limited to: Facebook, Instagram, Google, etc.
FTC Guidelines
You agree to follow the FTC endorsement guidelines. For a guide on these rules, click below to read "The FTC's Revised Endorsement Guides: What People are Asking".
http://business.ftc.gov/documents/bus71-ftcs-revised-endorsement-guideswhat-people-are-asking
Spam
You agree to comply with all US Federal CAN-SPAM Acts. Topsie VandenBosch has a zero-tolerance policy towards SPAM or any Affiliate associated with SPAM. At Topsie VandenBosch’s discretion, if it is established that the Affiliate is involved with SPAM in any way including creating, sending, or otherwise distributing SPAM, Topsie VandenBosch may immediately terminate your Affiliate Program account and you will forfeit all Commissions owed to you.
“Referred By” on Application
You are solely responsible for ensuring that your referrals use your name in the application. Topsie VandenBosch is not responsible for your failure to receive any Commission due to the incorrect formatting or configuration on the application.
If you unsubscribe from receiving emails from Topsie VandenBosch, you acknowledge and understand that you may not receive information or updates from Topsie VandenBosch. This is your responsibility to remain an email subscriber.
Intellectual Property
Ownership
Topsie VandenBosch reserves all rights in and to any current and/or future trademarks, service marks, copyrights, and other intellectual property rights that may exist on behalf of Topsie VandenBosch including text, illustrations, photographs, video, music, sounds, layout, designs, or source code, belonging to Topsie VandenBosch, or any other properties or to Topsie Vandenbosch’s licensors ("IP").
Modification and Display of IP
You are not permitted to make any changes to any of Topsie VandenBosch’s Intellectual Property including without limitation the logos and images from Destroy the Mindset Drama. You must not display such items in any way that might be deemed distasteful or that defames or misrepresents Topsie VandenBosch or the Affiliate Program.
Use of IP
The Affiliate may only use the particular images and descriptions of Topsie VandenBosch. Information will be sent to affiliates during the onboarding process, or closer to the launch date.
Brand Name
You are not permitted to purchase, bid on, or otherwise, attempt to acquire any "Topsie Vandenbosch” with respect to Internet search engines; create or use any Facebook pages with " Topsie VandenBosch " in the brand name or URL; or register or use domains that include the wording "Topsie VandenBosch” or any similar wording in the root part of the domain (between the "www" and "com/net/etc.").
Guarantees, Liability and Disclaimers
Warranties
While Topsie VandenBosch endeavors to ensure that the website content is free from errors, Topsie VandenBosch does not give any warranty or other assurance as to the accuracy, completeness, timeliness or fitness for any particular purpose of the material appearing on Topsie VandenBosch or beyond reasonable efforts to maintain the site. To the maximum extent permitted by law, Topsie VandenBosch provides its website and related information and services on an "as is" basis without any warranties, representations, or guarantees of any kind (whether express, implied, statutory, or otherwise) including but not limited to warranties of noninfringement, merchantability, or fitness for a particular purpose.
No Guaranteed Income
Topsie VandenBosch makes no income/financial claims, nor guarantee of any kind regarding the potential income that can be generated through the Affiliate’s participation in the Affiliate Program.
Indemnification
Your use of FCA’s website and content are voluntary. You shall indemnify Topsie VandenBosch against, holding all harmless from any and all lawsuits, claims, expenses (including reasonable legal fees), settlements, damages, judgments and the like arising from your use of Topsie VandenBosch websites and content or your failure to maintain the confidentiality or security of your password or access rights.
Termination
Termination
Both parties to this Agreement reserve the right to terminate this Agreement at any time without notice. In the event of termination of this Agreement, all outstanding Commissions due to Affiliate will be payable, so long as the necessary refund period has passed. In the event of a chargeback, all monies will be invoiced to Affiliate. All confidentiality and non-disclosure agreements survive the termination of the Affiliate relationship.
In the event Topsie VandenBosch terminates this Agreement due to breach by Affiliate, Affiliate shall not be entitled to any outstanding Commission payments.
Miscellaneous
Waiver
Any waiver by Topsie VandenBosch of a breach of or right under this Agreement will not constitute a waiver of any other or subsequent breach or right.
Independent Contractor
Affiliate is acting as an independent contractor when acting as an Affiliate. No partnership, joint venture, or legal entity is created between the parties to this Agreement.
Amendments
Topsie VandenBosch reserves the right to amend this Agreement as needed from time to time upon written agreement by the Parties.
Severability, Headings & Merger
Headings are inserted for convenience and shall not affect the construction of this Agreement. The singular includes the plural and vice versa. If any portion of this Agreement is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law to the greatest extent possible to reflect the original intentions of the parties, and the remainder of the provisions shall remain in full force and effect. If any provision in this Agreement shall be held by a court of competent jurisdiction to be contrary to law, that provision shall be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law, and the remaining provisions in this Agreement will remain in full force and effect. This Agreement supersedes any existing communications or Agreements, and is the full extent of the agreement between the parties.
Confidentiality
You shall keep confidential the terms of this Agreement and any information associated with the Affiliate Program subject to any disclosure required by law. This clause shall survive termination of this Agreement.
The Affiliate is required by law to disclose their Affiliate relationship. This is covered by the “subject to any disclosure required by law”
Governing Law
This Agreement is governed by the laws of the state of California, the United States of America (USA), and the courts of California, USA shall have non-exclusive jurisdiction to hear and determine any dispute arising in relation to this Agreement.
Usage Rules
Make it clear that you are a Third Party, in no way employed by Topsie VandenBosch, and that your website/blog/Instagram is in no way owned, operated, maintained or otherwise directly associated with Topsie VandenBosch
Domain Names
You may NOT use any of Topsie VandenBosch brand names or variations thereof within a domain name. You are permitted to use Topsie VandenBosch brand names on your personal website/blog provided you follow the FCA usage and placement rules above.
