Affiliate Terms of Service

AFFILIATE MARKETING AGREEMENT

This Agreement (“Agreement”) is made on the day of submission/approval of the Affiliate application (the “Effective Date”), between

TheCBGGurus, LLC, a company duly incorporated under the laws of Connecticut, with its registered address at 25 Locust Rd. Harwinton, CT, 06791 (“Company”), and Affiliate:________________, a/an (check one)

🗆Individual 🗆Corporation 🗆Limited Liability Company 🗆Other (__________)

with its registered address at _________________________________ (“Affiliate”).

(The preceding information may also be collected from the Affiliate profile/application)

 

Whereas, 

The Company is the sole owner and operator of the Internet site known as (the “site”).

The Company has created a program that enables Affiliates to refer internet traffic to the Site from the website(s) or advertising networks of others in exchange for agreed consideration; and you are the sole owner of the website(s) known as (collectively, the “Affiliate Site”)

You desire to participate in the Program, as evidenced by your application, which application the Company may approve or disapprove, at its sole discretion. 

Therefore, in consideration of the mutual promises herein, the Parties agree as follows:

 

  1. SCOPE OF SERVICES

1.1. The Affiliate shall market, promote, and direct potential customers to the products and/or services (the “Services”) of the Company using specific URLs/Codes provided by the Company.

1.2. The Affiliate will use its best efforts to actively and effectively advertise, market and promote the Services as widely and aggressively as possible to their current and prospective customers, and will comply with all laws, including those that govern email marketing and anti-spam laws.

1.3 The Affiliate will act as an agent on behalf of the Company by placing links on their website(s) to direct traffic to the Company website(s) registered at (TheCBGGurus.com). In addition, the Affiliate shall coordinate with the Company to carry out successfully on the marketing, publicizing, and promotion of the Company’s products or services. 

1.4 The Affiliate will be fully responsible for any costs related to maintaining/marketing the Affiliate Program, including but not limited to costs associated with creation, hosting, modification, or improvements to the Affiliate’s website; cost of internet or offline marketing; postage; and all other costs and expenses.

  1. COMMISSION

2.1. The Company shall pay the Affiliate a commission based on the Net Revenue generated from new customers directed by the Affiliate’s efforts. The “Net Revenue” shall be defined as: the monthly fees paid by customers directed by the Affiliate, less any chargebacks (credit card refunds), credits given to customers, shipping, handling, processing fees, and sales tax.

2.2. The commission rate will be a % of Net Revenue, according to a designated payment schedule, outlined in Schedule A (attached). Commission will not be paid on sales taxes, duties, or any other charges related to the sale of the Services.

2.3 The Company reserves the right to deduct the costs for any products that are returned or refunded in the subsequent months, attributable to credit card fraud or bad debt write-off, or for any other reason if the previous commission was overpaid. 

2.4 The commission will be paid on a monthly basis, within 30 days following the end of each month.

2.5 The Company makes no representations or warranties regarding potential income that may result from the Affiliate Program, Commissions will be paid to the Affiliate based on customers who access the Company website through the Affiliate’s site.  

2.6 The Affiliate shall have the right to receive a monthly report detailing the Net Revenue and calculation of the commission.

  1. TERM AND TERMINATION

3.1. This Agreement will begin on the Effective Date or upon the Company’s acceptance of the Affiliate’s application and will continue until terminated by either party. 

3.2 Upon termination, Affiliate will be entitled to unpaid commissions, if any, earned by Affiliate on or prior to the date of termination. The Company may withhold your final payment of commission fees for a reasonable time to ensure that all qualified purchases are valid and payments from referred company in its sole discretion

3.3 Any Affiliate Program may be amended or terminated at any time. Information about the Affiliate Program will be available on the company website. Accordingly, the Affiliate must keep themselves informed of any amendments of Affiliate Programs, particularly if a registered website has terminated its Affiliate Program or changed the conditions or remuneration to Affiliates. 

3.4 Any Affiliate who violates either this Agreement or the Company’s Terms and Conditions will immediately forfeit their right to all accrued commission fees and be removed from the Company Affiliate Program. Without limitation, the Affiliate’s participation on the program and this agreement shall be deemed automatically terminated immediately and all commissions forfeited upon the Affiliate’s violation of any of the terms of this Agreement or any applicable law or regulation having the force of law. 

  1. LIABILITY AND INDEMNITY

4.1. Each Party will indemnify, defend and hold the other Party harmless, including costs and attorneys’ fees, from any claim or action brought by a third party relating to the negligence, gross negligence, or intentional misconduct of the other Party.

4.2. Neither Party shall be liable to the other for any special, indirect, incidental, punitive, or

consequential damages arising from or related to this Agreement.

  1. DATA PRIVACY AND PROTECTION

5.1. The Affiliate must comply with all data protection laws and regulations applicable to them in their handling of user data obtained in relation to this Agreement.

5.2. The Affiliate must not disclose, or allow any third party to access, any user data without the prior written consent of the Company.

  1. CONFIDENTIALITY

6.1. Each party agrees not to disclose or use the other’s proprietary information without the prior

written consent of the other party. This section shall remain in force even after termination of the

Agreement.

  1. GOVERNING LAW AND JURISDICTION

7.1. This Agreement shall be governed by and construed in accordance with the laws of Connecticut. All disputes arising under or in relation to this Agreement shall be subject to the exclusive jurisdiction of the courts of Connecticut.

  1. Modification

8.1 The Company may modify any of the terms and conditions in this Agreement at any time at their sole discretion. In such an event, the Company will notify the Affiliate by email. Modifications may include but are not limited to changes in payment procedures and Company Affiliate Program rules.

8.2 If any modification is unacceptable to the Affiliate, their only option is to end this Agreement. Continued participation in the Company Affiliate Program following the notification of change or new Agreement posting on our site will indicate your agreement to the changes.

8.3 If any provision of this Agreement or part thereof should to any extent be or become invalid or unenforceable, the parties shall agree upon any necessary amendment of the Agreement to achieve the interests and objectives of the parties prevailing at the time of execution of the Agreement.  

  1. ENTIRE AGREEMENT

9.1. This Agreement constitutes the entire agreement between the Parties concerning this transaction,and replaces all previous communications, representations, understandings, and agreements, whether verbal or written between the Parties to this Agreement or their representatives.

IN WITNESS WHEREOF, the parties have executed this Agreement as of the Effective Date.

 

Schedule A

 

Tier

Achievement 

(Total monthly sales)

% Commission
Tier 1Base15%
Tier 2>$1,50017%
Tier 3>$3,00020%
Tier 4>$6,00025%

 

Tiers based on an average sale of roughly $58 for 25, 50, 100+ sales