The Positive Birth Company Affiliate Program Agreement
This Affiliate Program Agreement (the "Agreement") is entered into between The Positive Birth Company and [Affiliate Name] ("Affiliate") (collectively referred to as "Parties") as of the effective date of [date].
1. Program Overview
1.1 Description: The Company operates an affiliate program (the "Program") that allows Affiliate to earn commissions by promoting and referring customers to the Company's products or services.
1.2 Accepted Promotion Channels: Affiliate may promote the Company's products or services through approved channels, such as websites, blogs, social media, email marketing, and verbally in face to face client appointments.
2. Enrolment and Approval
2.1 Enrolment: To participate in the Program, Affiliate must submit an application through the Company's designated online portal or by any other means determined by the Company. The Company reserves the right to accept or reject any application at its sole discretion.
2.2 Approval: If the Company approves Affiliate's application, Affiliate will receive a unique affiliate ID and access to promotional materials, tracking links, and other necessary tools to facilitate the promotion of the Company's products or services.
3. Affiliate Responsibilities
3.1 Promotion: Affiliate agrees to promote the Company's products or services in a professional manner consistent with the Company's brand guidelines and applicable laws and regulations.
3.2 Compliance: Affiliate will comply with all applicable laws, regulations, and industry standards, including but not limited to those related to spam, privacy, and intellectual property rights.
3.3 Truthful Representation: Affiliate will provide accurate and truthful information about the Company's products or services and will not engage in deceptive. misleading, or fraudulent practices.
3.4 Prohibited Activities: Affiliate will not engage in any activities that may harm the Company's reputation or brand, including but not limited to using unethical SEO practices, engaging in illegal activities, or promoting adult content, violence, discrimination, or hate speech.
3.5 Data Protection: Affiliate will handle any personal data obtained through the Program in compliance with applicable data protection laws and will not use such data for any unauthorized purposes.
4. Commissions and Payments
4.1 Commission Structure: The Company will pay Affiliate a 20% commission for each eligible sale or action generated through Affiliate's promotional efforts, as specified in the Program's commission structure.
4.2 Eligible Actions: Eligible actions may include, but are not limited to, purchases of The Positive Birth Company's online courses, or any other action agreed upon in writing by both parties.
4.3 Tracking and Reporting: The Company will provide Affiliate with access to reports and tracking tools to monitor the performance of Affiliate's promotional activities and calculate the commissions earned.
4.4 Payment Terms: Commissions will be paid on a [monthly] basis. Payment will be made through PayPal.
5. Term and Termination
5.1 Term: This Agreement will commence on the effective date and will continue until terminated by either Party upon 30 days' written notice.
5.2 Termination for Cause: Either Party may terminate this Agreement with immediate effect if the other Party breaches any material provision of this Agreement, and such breach is not cured within 3 days after receiving written notice specifying the breach.
5.3 Effect of Termination: Upon termination, Affiliate will cease promoting the Company's products or services, and all rights and licenses granted under this Agreement will immediately terminate. Accrued but unpaid commissions will be paid out as per Section 4.
6. Confidentiality
6.1 Confidential Information: Affiliate agrees to keep confidential any non-public information received from the Company that is identified as confidential or that should reasonably be considered as confidential.
6.2 Exceptions: The obligations of confidentiality will not apply to information that: (a) is already known to Affiliate prior to disclosure; (b) becomes publicly known through no fault of Affiliate; (c) is rightfully received from a third party without restriction; or (d) is independently developed by Affiliate without use of the Company's confidential information.
7. Governing Law and Dispute Resolution
7.1 Governing Law: This Agreement will be governed by and construed in accordance with the laws of the United Kingdom, without regard to its conflict of laws principles.
7.2 Dispute Resolution: Any disputes arising out of or in connection with this Agreement will be resolved through good faith negotiations between the Parties. If the parties are unable to reach a resolution, either Party may seek remedies through appropriate legal proceedings.
8. Entire Agreement and Amendments
8.1 Entire Agreement: This Agreement constitutes the entire agreement between the Parties and supersedes any prior understandings or agreements, whether written or oral, relating to the subject matter herein.
8.2 Amendments: Any amendments to this Agreement must be made in writing and signed by both Parties.
By submitting the application and participating in the Program, Affiliate acknowledges that they have read, understood, and agreed to be bound by the terms and conditions of this Agreement.
