38Tera (US)

38Tera (US)

Program Terms

Affiliate Terms & Conditions

Thank you for your interest in becoming an Affiliate with 38TERA US LLC. Please read these Affiliate Terms & Conditions carefully. We value your partnership and are committed to ensuring your success while maintaining integrity and compliance with the law. As an Affiliate, we expect you to conduct yourself with professionalism as outlined in these Terms & Conditions.

1. Definitions

  • Affiliate: An individual approved by 38TERA US LLC to receive commissions for marketing and promoting our products.
  • Affiliate Link: A unique URL provided by us to track sales originating from your promotional efforts.
  • Commission: The payment made to you based on a percentage or fixed amount of sales generated through your Affiliate Link.
  • Confidential Information: All information related to this Agreement and our Program that is not publicly known.
  • Enrollee: Any person who signs up for our Program through your Affiliate Link.
  • Program: The product, service, or offering by 38TERA US LLC that you are helping to market and promote.
  • Program Promotional Activities: Activities such as webinars, podcasts, or challenges designed to market and promote the Program.

2. Affiliate Link

Once approved, you will receive a unique Affiliate Link to track sales. You are responsible for ensuring this link is used correctly to qualify for commissions.

3. Affiliate Responsibilities

  • Marketing Timing: Promote the Program during designated periods, including Program Promotional Activities.
  • Program Promotion: Specific marketing tasks may include sending solo emails, making mentions in newsletters, posting on social media, and running ads. Details will be provided by us.
  • Swipe Copy and Images: We may provide swipe copy and images for your use. You are not required to use these but are encouraged to do so.

4. Commissions and Payment

  • Commission Amount: You will earn a commission of 25% for each sale (exclusive of shipping and tax) made through your Affiliate Link. Payments will be made in U.S. dollars.
  • Enrollees: Commissions apply to Enrollees who sign up through your link due to your promotional efforts. You may/may not earn a commission on your own enrollment.
  • Cookie Duration: Our tracking system uses a 30-day cookie. This means that if a potential customer is referred through your Affiliate Link and makes a purchase within 30 days of that referral, you will earn the commission on that sale. If a potential customer clears their cookies during this period, 38Tera US LLC shall not be liable for any commissions that may have been owed to the affiliate.
  • Attribution: We pay out commissions based on the last-touch (I.e the sale is attributed to the last affiliate or paid media that brings a customer to the website). 
  • Payment: Commissions will be paid via PayPal. Payments will be made within 45 days for full payments and in instalments for payment plans.

5. Intellectual Property Rights

  • Trademarks: We grant you a non-exclusive right to use our Trademarks for promotion. You must not alter, misuse, or register our Trademarks.
  • Domain Names: Do not use our Trademarks in domain names or for search engine advertising.

6. Anti-SPAM

  • No SPAM: Sending unsolicited or spam emails to promote the Program will result in immediate termination and cancellation of pending commissions.

7. Website and Content Restrictions

  • Content Restrictions: Your website and promotional materials must not promote explicit material, illegal activities, or discrimination. You must not misrepresent our Program or confuse customers regarding our branding.

8. Confidential Information

  • Confidentiality: You must protect Confidential Information and may only share it as necessary for fulfilling your obligations as an Affiliate.

9. Termination

  • Termination: Either party may terminate the Affiliate relationship via email or at the end of the enrollment period. Upon termination, you must remove all references to the Program from your marketing materials.

10. Disclaimer & Release of Claims

  • Liability: We are not liable for indirect or consequential damages and cannot guarantee 100% tracking accuracy. We disclaim all warranties related to the Affiliate program.

11. Independent Contractors

  • Relationship: You are an independent contractor, not an employee. You are responsible for your own taxes and must not make representations on our behalf.

12. Other Important Terms

  • Entire Agreement: These Terms & Conditions constitute the entire agreement and may be amended by us. Disputes will be resolved through binding arbitration, and any claims must be submitted within one year. Non-disparagement is required.
  • Governing Law: This Agreement shall be construed according to the laws of Charleston County in the State of South Carolina where 38TERA US LLC is located.
  • Dispute Resolution: Disputes will be resolved through binding arbitration before a single arbitrator, selected jointly, in accordance with the American Arbitration Association Rules. Any judgement on an arbitrator’s award may be entered into any court with appropriate jurisdiction. Prior to arbitration, you must submit your complaint via email. Only a full refund of your payments made to date can be awarded through arbitration. No consequential or other damages will be granted. Arbitration must be commenced within one year of the date of the act, omission, or other conduct complained of. The arbitration will be held in Charleston County, South Carolina, and the prevailing party will be entitled to reasonable attorney’s fees and costs.

By becoming an Affiliate, you acknowledge that you have read, understand, and agree to these Terms & Conditions.