PLEASE READ THIS ENTIRE AGREEMENT CAREFULLY.
This is a legally binding agreement between you ("Affiliate") and We Are Raising the Bar, LLC ("we," "us," or "our"). By submitting your online application via Awin, you acknowledge that you have read, understood, and agree to be legally bound by the terms and conditions in this agreement.
1. Overview
This agreement outlines the complete terms and conditions for your participation in the We Are Raising the Bar Affiliate Program (“the Program”), managed through Awin. The purpose of the Program is to allow you to promote our website through tracked affiliate links and earn commissions on qualifying sales.
2. Affiliate Obligations
2.1 Enrollment:
You must complete and submit an application through Awin. We reserve the right to accept or reject your application at our sole discretion. Your site may be rejected or later removed if it:
- Promotes sexually explicit, violent, or discriminatory content
- Promotes illegal activities or infringes on intellectual property
- Uses our name, trademarks, or variations in your domain
- Mimics our brand or website
- Contains software downloads that may divert commission tracking
2.2 Link Use & Tracking:
All links must be generated through Awin’s platform using the provided HTML or creatives. You are responsible for properly implementing tracking code to ensure accurate reporting and commission attribution.
2.3 Site Maintenance:
You are solely responsible for maintaining and updating your website. We reserve the right to review your site and request changes to enhance performance or compliance.
2.4 Legal Compliance:
You are responsible for ensuring your content does not violate copyright, trademark, or intellectual property laws. You must have the rights to all materials published on your site.
3. Our Rights & Obligations
3.1 Monitoring:
We may monitor your site at any time to ensure compliance. If we request updates or changes, failure to implement them may result in removal from the Program.
3.2 Fraud & Abuse:
Any attempt to abuse or commit fraud within the Program will result in immediate termination and forfeiture of pending commissions.
3.3 Agreement Duration:
This Agreement will remain in effect unless terminated under the terms listed below.
4. Termination
Either party may terminate this Agreement at any time, with or without cause, by providing written notice (email is acceptable). Breach of any terms will result in immediate termination.
5. Modifications
We may update or change these terms at any time. You will be notified by email. Continued participation after updates constitutes acceptance. If you disagree with changes, you may terminate your participation.
6. Payment
Tracking, reporting, and payments are handled via Awin. Please refer to Awin’s terms and conditions for payment details.
7. Access to Affiliate Interface
You will gain access to Awin’s secure affiliate portal where you can view reports, commissions, and access marketing materials.
8. Promotion Restrictions
8.1 General Restrictions:
Prohibited methods include:
Spamming or unsolicited commercial email (UCE)
Misrepresentation of affiliation with We Are Raising the Bar
Concealing identity in marketing
Unauthorized use of our brand or trademarks
8.2 Paid Search Policies:
You may not bid on keywords including (but not limited to):
We Are Raising the Bar
weareraisingthebar
www.weareraisingthebar.com
Misspellings or variations
All PPC traffic must go to your own site before redirecting to ours. Direct linking is prohibited.
8.3 Lead Form Use:
You may enter real prospect information into our lead forms only if the lead is genuine and has given consent.
8.4 Prohibited Software/Tech:
You may not use or distribute any software, toolbars, pop-ups, pop-unders, interstitials, or browser add-ons that:
Overwrite cookies
Automatically redirect users
Modify affiliate banners or tracking
Hijack or interfere with site content or affiliate tracking
9. Grant of Licenses
9.1 License to Use Materials:
We grant you a limited, revocable, non-transferable license to use our logos, trademarks, and other creative assets strictly for participation in the Program.
9.2 Prohibited Use:
You may not use our assets in any way that is misleading, disparaging, obscene, or damaging to our brand. All goodwill associated with the use of our brand belongs exclusively to We Are Raising the Bar.
10. Disclaimer
We make no warranties regarding the Program, our website, or products, including implied warranties of merchantability or fitness for a particular purpose. We are not liable for interruptions or errors.
11. Representations & Warranties
You represent that:
You have the legal authority to enter into this Agreement
You own or control your promotional properties
Your site and practices comply with applicable laws and our terms
12. Limitation of Liability
We are not liable for any indirect, incidental, or consequential damages. Our total liability under this Agreement will not exceed the total commissions paid to you.
13. Indemnification
You agree to indemnify and hold harmless We Are Raising the Bar from all claims, liabilities, losses, or expenses arising out of your participation in the Program, including violations of law or third-party rights.
14. Confidentiality
All confidential information exchanged during the course of this Agreement will remain confidential and may not be disclosed without written consent.
15. Miscellaneous
15.1 Independent Contractor:
You are an independent contractor, not an employee or agent of We Are Raising the Bar.
15.2 Assignment:
Neither party may transfer this Agreement without prior consent, except in the case of a business acquisition.
15.3 Governing Law:
This Agreement will be governed by the laws of the State of New York.
15.4 Entire Agreement:
This document constitutes the entire agreement between you and We Are Raising the Bar and supersedes all previous understandings.
15.5 FTC Compliance:
You agree to clearly disclose your affiliate relationship as required by the Federal Trade Commission.
