This Affiliate Program Agreement is made and entered into by and between More Than Enough Limited and Affiliate (who apply to join our program and are successful in their application).
We have designed our program to allow participating affiliates to place links on websites or other marketing materials that connect to the affiliate links provided. If a person purchases a product via that link, the affiliate may earn a referral fee.
This agreement sets out the terms and conditions upon which the program is run.
When we use the words ‘we’ ‘us’ or ‘ours’ we mean More Than Enough Limited and our associates, employees or assigns.
When we use the words ‘you’ ‘your’ ‘yours’ or ‘affiliate’ we mean the affiliate participating in our program and this includes your associates, employees and contractors. If we refer to affiliate materials, this means the website or other marketing materials (which you warrant you own) where you are placing the link to and includes all ways in which you use our link.
Summary
We will give you access to our profile on AWIN where you will be able to review these affiliate program terms at any point for reference (which we may update), find relevant copy, promotions and creative to enable the setup of affiliate links. Using your log-in you will also be able to view your referral commissions.
Payments are made for traffic to our site, introduced by you via your affiliate link, that converts into a sale of a specified product on our site (or any other pre-agreed metric that is set out in writing). The rate of affiliate commission payable on each product is set out at the time of joining.
We retain the right to review your participation in the program, have input into how you display the links/our information on your website and to terminate this agreement.
You have on-going obligations in relation to promotion (no spam), use of our name, creating fraudulent traffic and interference with the affiliate tracking.
Partner Resources located in AWIN
The referral program terms and conditions.
We may update this agreement or the program rules from time to time and will email you a new copy of the terms and/or display the updated terms here. If you do not agree with the changes, you may terminate this agreement. If you continue to participate in the affiliate program after we have given notice of a change in the program terms, you are deemed to have accepted and agreed to the new terms.
Copy and creatives we supply for inclusion on your website (licensed material).
So that we can accurately keep track of affiliate sales, you must use the HTML code that we provide for each banner, text link or other affiliate links we provide. We will not be responsible for any lost commission by you if you incorrectly use the links or HTML code.
Your Obligations
For your website, you are responsible for maintenance, updates and any changes required by us under this agreement.
If requested by us, you must place the banner/links in a position on your website approved by us. We may ask you to move the placement at any time. We may also ask you to make other changes to your website or emails if we feel they will enhance your performance as an affiliate or make your links or correspondence more appropriate.
You must ensure your website and any content is compliant with all laws and does not infringe on any third party rights including copyright.
Payments
An affiliate commission of 30% will be payable on the ‘I Am Enough’ and marisapeer.com affiliate programs.
AWIN tracks sales and affiliate commissions. We are not responsible for any failure of AWIN that results in you missing out on a commission. In the event such an omission is discovered, More Than Enough Ltd will make the necessary amendments and pay any monies due.
No payment will be made for sales that result in refunds or returns, or if a client fails to make payment to us. For this reason, commission payments will only be payable after a referred person has been in our program for at least 30 days.
We will pay affiliate commission on purchases by a user within 30 days after you have introduced them to us via your link. No payment will be made for sales to that client after the expiry of the initial 30 day cookie period.
You will not be entitled to any commission payment for clients who are already in our sales cycle, where they have applied to us directly, and have already had a sales call with our sales team.
You will be responsible for all taxes associated with the receipt of any payments from us.
Warranties
You warrant:
You have the right, power and authority to enter into this agreement.
You will not, either directly or indirectly, generate clicks or orders in a manner which is coercive, misleading, malicious or fraudulent. No affiliate payments will be made in these circumstances and we will immediately terminate this agreement.
Where relevant, you will only enter information into lead forms about prospects that are genuinely interested in our products or services.
You will not place or allow inappropriate content on your website including material that is or encourages discrimination of any kind, illegal activities, violence, sexually explicit material, violation of intellectual rights, deceptive information or any material we believe is inappropriate or unlawful.
You will not partake in conduct or practices that may damage our reputation or business. This includes spamming, misleading advertising, hiding your identity in advertising or emails, using advertising on social media sites where the advertising is not welcome, using marketing emails where a user does not have the option to unsubscribe or any other unacceptable advertising or solicitation.
When using pay-per-click (PPC on Google OR / AND any other search engine or search tool) campaigns, you will not use keywords (either alone or in conjunction with or as part of other words) including Marisa Peer, Rapid Transformational Therapy, RTT, Rapid Transformational Coaching, RTC, I Am Enough, or similar or misspelt variations of the same unless you direct traffic from the click campaign directly to your own website where the traffic can follow our affiliate link. If you do run a campaign like the above and direct traffic directly to our website we will consider this to be a trademark violation and remove you from the program.
You will not use or transmit any parasitic marketing to traffic arriving at our site via any route. ‘Parasitic marketing’ includes interstitials, parasiteware, shopping assistant applications, toolbar installations or add-ons, shopping wallets, deceptive pop-up or pop-unders, commission tracking cookies or any other application designed to intercept or redirect traffic to arrive at our website via your affiliate coding where that traffic would have otherwise arrived at our website without using your affiliate coding. Unlawful interception or redirecting of traffic in any manner amounts to a fraudulent use of your affiliate coding and no commission or other amounts will be payable to you.
You acknowledge we are relying on the above warranties as part of our decision to accept you into our affiliate program.
If you breach any of the above warranties, we may immediately terminate this agreement and any outstanding commissions may be forfeited by you.
Term
This agreement starts when we communicate your acceptance to the affiliate program and provide you with login and user name details for the referral partner resource centre.
We may terminate this agreement:
Immediately if we consider you have breached the terms of this agreement or if we discover you have substantially changed your website.
By giving you 7 days written notice if we have asked you to do something in accordance with this agreement and you have failed to comply in that timeframe.
For any reason, by giving you 30 days written notice.
You may terminate this agreement for any reason at any time.
Upon termination of this agreement, you must:
Remove any affiliate link(s) from your website or other platforms.
Cease using our business name in line with the affiliate agreement.
Return to us or securely destroy any of our confidential information or intellectual property in line with the affiliate agreement.
License
We grant you, during the term, a non-exclusive, non-transferrable, revocable license to use the licensed material for the purposes of and in accordance with the terms of this agreement.
Your participation in our affiliate program does not confer any proprietary or special rights in the licensed materials made available.
Disclaimer and Limitation of Liability
We make no warranty that you will earn any commission under the affiliate program.
We take no responsibility for your involvement in the affiliate program, you join and continue in the program at your own risk.
We make no warranty that our website will be available at all times or that it will be error free.
We are not responsible to you or any third party for viruses or malicious code on our website that was not intentionally placed there by us.
You agree our total aggregate liability for all claims relating to this agreement is limited to an amount of $100.
Indemnity
You agree to indemnify us and our affiliates, directors, officers, employees and agents, from and against any and all liability, claims, losses, damages, injuries or expenses (including reasonable legal fees) relating to the operation of your site, a breach of your obligations under this Agreement, or the violation of any third-party intellectual property rights in relation to editorial content or other materials of your site.
Confidentiality
All confidential information, including, but not limited to, any business, technical, financial, and customer information, disclosed by one party to the other in relation to or arising from this agreement will remain the sole property of the disclosing party, and each party will keep in confidence and not use or disclose such proprietary information of the other party without the express written permission of the disclosing party.
General
All amounts shown in this agreement or on our website are in US Dollars.
You may not assign this agreement without our consent.
As an affiliate, you are an independent contractor and nothing in this agreement creates any other relationship. You do not have the authority to bind us to any decisions and may not make any representations on our behalf.
This agreement is governed by the law of the United Kingdom and any dispute will be determined by the courts of the United Kingdom.
If any provision of this agreement is held to be invalid or unenforceable, that provision will be limited or excluded to the extent necessary to enact the intention of the parties and the balance of this agreement will continue in full force and effect.
