Thank you for your interest in becoming an affiliate of the Xtreme Follow Up course by the Attaway Group LLC.
Below you will find some important details about the terms and conditions that govern our Affiliate Program. For example, some of the topics covered in this agreement include the responsibilities and obligations of both parties, ownership of intellectual property, and terms of payment.
Please read this agreement carefully as it outlines the legal details of our affiliate relationship with you, should we accept your application to become an affiliate.
By taking part in the affiliate program, you agree to this entire Affiliate Program Operating Agreement.
This is an Affiliate Program Operating Agreement (the “Agreement”) between Attaway Group LLC, a Utah limited liability company (“Attaway Group”, “we”, “us”, “our”), and you, (“you” or “Affiliate”) the party submitting an application to become an Attaway Group affiliate. The terms and conditions contained in this Agreement apply to your participation as an affiliate with Xtreme Follow Up course (“Affiliate Program”). By submitting an application, you expressly consent to all the terms and conditions of this Agreement, so please read this Agreement carefully.
2. Enrollment in Affiliate Program
To begin the enrollment process, you must submit a complete and accurate Program application. You must identify your website in your application. We will evaluate your application and notify you of its acceptance or rejection. We may reject your application at our sole discretion for any reason.
If we reject your application, you are welcome to re-apply at any time. However, if we accept your application and we later determine that your site is unsuitable, we may terminate this Operating Agreement.
3. Our Obligations & Responsibilities
Subject to our acceptance of you as an affiliate and your continued compliance with the terms and conditions of this Agreement, Attaway Group agrees as follows:
We will make available to you via the Affiliate Program graphic and/or textual links to brentattaway.com/xtremefollowup (the “Program Website”) and/or other creative materials (collectively, the “Links”) which you may display on websites owned or controlled by you, in emails sent by you and clearly identified as coming from you in online advertisements, on social media as well as print materials (collectively, “Media”). The Links will serve to identify you as a member of our Affiliate Program and will establish a link from your Media to the Program Website.
We will pay you for each Qualified Action (the “Commission”). A “Qualified Action” means an individual person who (i) accesses the Program Website via the Link, where the Link is the last link to the Program Website, (ii) is not a computer-generated user, such as a robot, spider, computer script or other automated, artificial or fraudulent method to appear like an individual, real live person, (iii) is not using pre-populated fields, (iv) completes all of the information required for such action within the time period allowed by us and (v) is not later determined by us to be fraudulent, incomplete, unqualified or a duplicate (“Customer” or “Customers”).
We will pay you any Commissions earned approximately sixty (30) days after each Qualified Action, provided that your account is currently greater than $0. Accounts with a balance of less than $0 will not be paid until an account balance of at least $0 is reached. We reserve the right to chargeback to your account any previously paid Qualified Actions that are later determined to have not met the requirements to be a Qualified Action.
We will pay your Commissions via PayPal, by check, or by Square Cash. You will let us know which of those payment methods you prefer. We will not cover or pay for any associated transaction fees.
Payment for Commissions is dependent upon Customers providing such funds to us, and therefore, you agree that Attaway Group shall only be liable to you for Commissions to the extent that we have received such funds from Customers. You hereby release Attaway Group from any claim for Commissions if Attaway Group has not received such funds from Customers.
We will automatically generate an invoice on your behalf for all Commissions payable under this Agreement and shall remit payment to you based upon that invoice. All tracking of Links and determinations of Qualified Actions and Commissions shall be made by us at our sole discretion. In the event that you dispute in good faith any portion of an invoice, you must submit that dispute to us in writing and in sufficient detail within thirty (30) days of the date on the invoice. If you do not dispute the invoice as set forth herein, you agree that you irrevocably waive any claims based upon that invoice. In the event that you also track Qualified Actions and you claim a discrepancy, you must provide us with your reports within three (3) days after the last day of the calendar month. If Attaway Group’s and Affiliate’s reported statistics vary by more than 10% and we reasonably determine that you have used generally accepted industry methods to track Qualified Actions, then Attaway Group and Affiliate agree to make a good faith effort to arrive at a reconciliation. If the parties are unable to arrive at a reconciliation, then our numbers shall govern.
If you have an outstanding balance due to us under this Agreement or any other agreement between you and Attaway Group, whether or not related to the Affiliate Program, you agree that we may offset any such amounts due to us from amounts payable to you under this Agreement.
4. Your Obligations & Responsibilities
Subject to our acceptance of you as an affiliate and your continued compliance with the terms and conditions of this Agreement, you agree to:
Have sole responsibility for the development, operation, and maintenance of, and all content on or linked to, your Media.
Ensure that all materials posted on your Media or otherwise used in connection with the Affiliate Program (i) are not illegal, (ii) do not infringe upon the intellectual property or person rights of any third party, and (iii) do not contain or link to any material which is harmful, threatening, defamatory, obscene, sexually explicit, harassing, promotes violence, promotes discrimination (whether based on gender, religion, race, ethnicity, nationality, disability or age), promotes illegal activities (such as gambling), contains profanity or otherwise contains material that we inform you that we consider objectionable (“Objectionable Content”).
Not make any representations, warranties, or other statements concerning Attaway Group or Customers or any of their respective products or services, except as expressly authorized herein.
Ensure that your Media does not copy or resemble the look and feel of the Program Website or create the impression that your Media is endorsed by Attaway Group or is a part of the Program Website, without prior written permission from us.
Comply with all (i) obligations, requirements, and restrictions under this Agreement and (ii) laws, rules, and regulations as they relate to your business, your Media, or your use of the Links.
Comply with the terms, conditions, guidelines, and policies of any third-party services you use in connection with the Affiliate Program, including but not limited to, email providers, social networking services, and ad networks.
Always prominently post and make available to Customers any terms and conditions in connection with the Affiliate Program, or as required by applicable laws.
Ensure that you do not place Attaway Group ads on any online auction platform, (e.g., eBay, Amazon, etc.)
5. Program-Specific Terms
Affiliate will be paid a commission of 25% of all sales generated through the affiliates marketing and sales efforts.
Payments to the Affiliate will be paid via Paypal at the end of every calendar month as long as there's any amount of $1 or more owed at the end of each calendar month. Payment will be issued to affiliate within 5 business days of the previous month.
Email Campaigns — For all email campaigns, you must download the “Suppression List” from us. You shall filter your email list by removing any entries appearing on the Suppression List and will only send emails to the remaining addresses on your email list. We will regularly update the Suppression List. You agree to download the updated Suppression List and filter your email list prior to sending an email containing the Links. We will provide an opt-out method in all Links, however, if any opt-out requests come directly to you, you shall immediately forward them to us at email@example.com. Your emails containing the Links may not include any content other than the Links, except as required by law.
You agree that failure to download the Suppression List and remove all emails from the database before mailing may result in Commission withholdings, removal or suspension from all or part of the Affiliate Program, possible legal action and any other rights or remedies available to us pursuant to this Agreement or otherwise.
The Suppression List may not be used by Affiliate for any purpose other than to comply with applicable laws regulating the e-mail transmissions. You may not send emails containing the Links or otherwise market the Links to addresses contained in the Suppression List. You understand that doing so may result in Commission withholdings, removal or suspension from the Affiliate Program, possible legal action and any other legal rights or remedies available to us pursuant to this Agreement or otherwise.
Advertising Campaigns — No Links can appear to be associated with or be positioned on chat rooms or bulletin boards unless otherwise agreed to in writing by us. Any pop-ups/unders used for the Affiliate Program shall be clearly identified as Affiliate served in the title bar of the window and any client-side ad serving software used by you shall only have been installed on an end user’s computer if the function of the software is clearly disclosed to end users prior to installation, the installation is pursuant to an affirmatively accepted and plain-English end user license agreement and the software can be easily removed according to generally accepted methods.
Affiliate Network Campaigns — If you maintain your own affiliate network, you agree to place the Links in your affiliate network (“Network”) for access and use by those affiliates in Affiliate’s Network (each a “Third Party Affiliate”). You agree to expressly forbid any Third Party Affiliate to modify the Links in any way. You agree to maintain your Network according to the highest industry standards. You shall not permit any party to be a Third Party Affiliate whose website or business model involves Objectionable Content. All Third Party Affiliates must be in good standing with you. You must require and confirm that all Third Party Affiliates affirmatively accept, through verifiable means, this Agreement prior to obtaining access to the Links. You shall promptly terminate any Third Party Affiliate who takes, or could reasonably be expected to take, any action that violates the terms and conditions of this Agreement. In the event that either party suspects wrongdoing by a Third Party Affiliate with respect to the Links, you shall promptly disclose to us the identity and contact information for such Third Party Affiliate. You shall promptly remove any Third Party Affiliate from the Affiliate Program and terminate their access to future Links upon written notice from us. Unless we have been provided with all truthful and complete contact information for a Third Party Affiliate and such Third Party Affiliate has affirmatively accepted this Agreement as recorded by Attaway Group, you shall remain liable for all acts or omissions of any Third Party Affiliate.
Except as otherwise provided in this Agreement or with the express written consent of Attaway Group, you agree that all information, including, without limitation, the terms of this Agreement, business and financial information, customer and vendor lists, and pricing and sales information, concerning us or any of our affiliates provided by or on behalf of any of them shall remain strictly confidential and secret and shall not be utilized, directly or indirectly, by you for any purpose other than your participation in the Affiliate Program, except and solely to the extent that any such information is generally known or available to the public through a source other than you. You shall not use any information obtained from the Affiliate Program to develop, enhance or operate a service that competes with the Affiliate Program, or assist another party to do the same.
7. Limited License & Intellectual Property
We grant you a nonexclusive, nontransferable, revocable right to use the Links and to access our website through the Links solely in accordance with the terms of this Agreement, for the sole purpose of identifying your Media as a participant in the Affiliate Program and assisting in increasing sales through the Program Website. You may not alter, modify, manipulate or create derivative works of the Links or any Attaway Group graphics, design, copy or other materials owned by, or licensed to, us in any way. You are only entitled to use the Links to the extent that you are a member in good standing of the Affiliate Program. We may revoke your license at any time by giving you written notice. Except as expressly stated herein, nothing in this Agreement is intended to grant you any rights to any of Attaway Group’s trademarks, service marks, copyrights, patents or trade secrets. You agree that we may use any suggestion, comment or recommendation you choose to provide to us without compensation. All rights not expressly granted by this Agreement are reserved by us.
You agree that you will not use any of the contents of Xtreme Follow Up course, the Program Website, or any other related material to create, publish, or otherwise develop your own product.
This Agreement shall commence on the date of our approval of your Affiliate Program application and shall continue thereafter until terminated as provided herein. You may terminate your participation in the Affiliate Program at any time by removing all Links from your Media and deleting all copies of the Links. We may terminate your participation in the Affiliate Program or this Agreement at any time and for any reason which we deem appropriate with or without prior notice to you by disabling the Links or providing you with a written notice. Upon termination of your participation in the Affiliate Program or this Agreement for any reason, you will immediately cease all use of and delete all Links, plus all Attaway Group intellectual property, and will cease representing yourself as an Attaway Group affiliate. All rights to validly accrued payments, causes of action and any provisions, which by their terms are intended to survive termination, shall survive any termination.
In addition to any other rights and remedies available to use under this Agreement, we reserve the right to delete any actions submitted through your Links and withhold and freeze any unpaid Commissions or chargeback paid Commissions to your account if (i) we determine that you have violated this Agreement, (ii) we receive any complaints about your participation in the Affiliate Program which we reasonably believe to violate this Agreement or (iii) any Qualified Action is later determined to have not met the requirements set forth in this Agreement. Such withholding or freezing of Commissions, or chargebacks for paid Commissions, shall be without regard as to whether or not such commissions were earned as a result of such breach. In the event of a material breach of this Agreement, we reserve the right to disclose your identity and contact information to appropriate law enforcement or regulatory authorities or any third party that has been directly damaged by your actions.
10. Anti-Spam Policy
You must strictly comply with all applicable federal and state laws including, but not limited to, the CAN-SPAM Act of 2003, as amended (the “Act”) and any and all Federal Trade Commission implementing regulations. All emails sent in connection with the Affiliate Program must include the appropriate party’s opt-out link. From time to time, we may request – prior to your sending emails containing Links or referencing the Affiliate Program – that you submit the final version of your email to us for approval by sending it to firstname.lastname@example.org. Upon receiving written approval from us of your email, the email may be transmitted to third parties. It is solely your obligation to ensure that the email complies with the Act. You agree not to rely upon our approval of your email for compliance with the Act, or assert any claim that you are in compliance with the Act based upon our approval. Your violation of the Anti-Spam Policy shall be grounds for immediate termination of this Agreement.
You are expressly prohibited from using any persons, means, devices or arrangements to commit fraud, violate any applicable law, interfere with other affiliates or falsify information in connection with referrals through the Links or the generation of Commissions or exceed your permitted access to the Affiliate Program. Such acts include, but are in no way limited to, using automated means to increase the number of clicks through the Links or completion of any required information, using spyware, using stealware, cookie-stuffing and other deceptive acts or click-fraud. We shall make all determinations about fraudulent activity in our sole discretion.
12. Representations & Warranties
You hereby represent and warrant that this Agreement constitutes your legal, valid, and binding obligation, enforceable against you in accordance with its terms and that you have the authority to enter into this Agreement. Subject to the other terms and conditions of this Agreement, we represent and warrant that we shall not knowingly violate any law, rule or regulation which is applicable to our business operations, proprietary products or services.
In addition to any notice permitted to be given under this Agreement, we may modify any of the terms and conditions of this Agreement at any time by providing you with a notification by email. The changes will become effective ten (10) business days after such notice. If the modifications are unacceptable to you, you may terminate this Agreement without penalty within such ten (10) business day period. Your continued participation in this Affiliate Program ten (10) business days after a change notice has been posted will constitute your acceptance of such change. In addition, we may change, suspend or discontinue any aspect of a Link or remove, alter, or modify any tags, text, graphic or banner ad in connection with a Link. You agree to promptly implement any request from us to remove, alter or modify any Link, graphic or banner ad that you are using as part of the Affiliate Program.
Affiliate hereby agrees to indemnify, defend and hold harmless Attaway Group and its subsidiaries, affiliates, partners and licensors, directors, officers, employees, owners and agents against any and all claims, actions, demands, liabilities, losses, damages, judgments, settlements, costs, and expenses (including reasonable attorneys fees and costs) based on (i) any failure or breach of this Agreement, including any representation, warranty, covenant, restriction or obligation made by Affiliate herein, (ii) any misuse by Affiliate, or by a party under the reasonable control of Affiliate or obtaining access through Affiliate, of the Links or Attaway Group intellectual property, or (iii) any claim related to your Media, including but not limited to, the content contained on such Media (except for the Links).
Attaway Group hereby agrees to indemnify, defend and hold harmless Affiliate and its subsidiaries, affiliates, partners and their respective directors, officers, employees, owners and agents against any and all claims, actions, demands, liabilities, losses, damages, judgments, settlements, costs, and expenses (including reasonable attorneys’ fees and costs) based on a claim that Attaway Group is not authorized to provide you with the Links.
THE AFFILIATE PROGRAM AND LINKS, AND THE PRODUCTS AND SERVICES PROVIDED IN CONNECTION THEREWITH, ARE PROVIDED TO AFFILIATE “AS IS”. EXCEPT AS EXPRESSLY SET FORTH HEREIN, Attaway Group EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING, USAGE OR TRADE. Attaway Group DOES NOT WARRANT THAT THE AFFILIATE PROGRAM OR LINKS WILL MEET AFFILIATE’S SPECIFIC REQUIREMENTS OR THAT THE OPERATION OF THE AFFILIATE PROGRAM OR LINKS WILL BE COMPLETELY ERROR-FREE OR UNINTERRUPTED. Attaway Group DOES NOT GUARANTEE THAT AFFILIATE WILL EARN ANY SPECIFIC AMOUNT OF COMMISSIONS.
16. Limitation of Liability
IN NO EVENT SHALL ATTAWAY GROUP BE LIABLE FOR ANY UNAVAILABILITY OR INOPERABILITY OF THE LINKS, PROGRAM WEBSITES, TECHNICAL MALFUNCTION, COMPUTER ERROR, CORRUPTION OR LOSS OF INFORMATION, OR OTHER INJURY, DAMAGE OR DISRUPTION OF ANY KIND BEYOND THE REASONABLE CONTROL OF ATTAWAY GROUP. IN NO EVENT SHALL ATTAWAY GROUP BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PERSONAL INJURY, WRONGFUL DEATH, SPECIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, LOSS OF PROFITS OR LOSS OF BUSINESS OPPORTUNITY, EVEN IF SUCH DAMAGES ARE FORESEEABLE AND WHETHER OR NOT ATTAWAY GROUP HAS BEEN ADVISED OF THE POSSIBILITY THEREOF. ATTAWAY GROUP’S CUMULATIVE LIABILITY TO AFFILIATE, FROM ALL CAUSES OF ACTION AND ALL THEORIES OF LIABILITY, WILL BE LIMITED TO AND WILL NOT EXCEED THE AMOUNTS PAID TO AFFILIATE BY ATTAWAY GROUP IN COMMISSIONS DURING THE SIX (6) MONTHS IMMEDIATELY PRIOR TO SUCH CLAIM.
17. Attorneys’ Fees
Affiliate shall be responsible for the payment of all attorneys’ fees and expenses incurred by Attaway Group to enforce the terms of this Agreement.
Each party to this Agreement is an independent contractor in relation to the other party with respect to all matters arising under this Agreement. Nothing herein shall be deemed to establish a partnership, joint venture, association or employment relationship between the parties.
19. Entire Agreement
This Agreement contains the entire agreement between Attaway Group and Affiliate with respect to the subject matter hereof, and supersedes all prior and/or contemporaneous agreements or understandings, written or oral. Affiliate agrees that Attaway Group shall not be subject to or bound by any Affiliate insertion order or online terms and conditions that amend, conflict with or supplement this Agreement, regardless of whether Attaway Group “clicks through” or otherwise indicates its acceptance thereof.
If any provision of this Agreement is found to be invalid or unenforceable by a court of law of competent jurisdiction, such a finding shall not affect the other provisions of this Agreement. All provisions of this Agreement unaffected by such a finding shall remain in full force and effect.
Any failure or delay by either party to exercise or enforce any right conferred by this Agreement, or any other course of dealing, shall not be deemed to be a waiver of such right.
You may not assign or transfer any rights, duties, or obligations under this Agreement to a third party without our prior written consent and any attempt to assign without such written consent will be void. We can assign or transfer any and all of our rights, duties, or obligations under this Agreement.
This Agreement will be binding on and will inure to the benefit of the legal representatives, successors and valid assigns of the parties hereto.
24. Applicable Law
This Agreement shall be governed by the laws of the state of Utah, without regard to conflict of law principles.
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