BY SUBMITTING AN APPLICATION TO OUR PROGRAM, YOU ARE CONSENTING TO THIS AGREEMENT, WHICH ARE THE TERMS AND CONDITIONS OF OUR PROGRAM.
This is a legal agreement between The Law Office of Autumn Witt Boyd, PLLC (“We”, “Us” or “AWB Firm”) and you (“You”). This Agreement contains the complete terms and conditions of Your relationship with the AWB Firm and, if applicable, Your participation in Our Affiliate Program (“the Program”).
In order to enroll in the Program, You must create an account for each business through which You desire to promote the Products sold through the Program. You agree that any registration information provided to Us will always be accurate, correct and up to date as of the time it is submitted, and that the account will not be used for any illegal or unauthorized purpose.
We reserve the right to deny entrance into the Program to any applicant that we deem unqualified for any reason, at Our sole and absolute discretion.
2. Term and Termination
The term of this Agreement (the “Term”) will begin upon Your creation of an account with the Program, and will end when terminated as described in this paragraph.
Either you or we may terminate this Agreement at any time, with or without cause, by giving the other written notice of termination, including without limitation by e-mail. Failure to comply with the terms of this Agreement may result in Our immediate cancellation of this Agreement and Your forfeiture of any accrued, unpaid commissions. We will pay any pending commissions for any Qualifying Purchase(s) made through the Termination Date, if a cancellation of this Agreement occurs for any reason other than Your violation of this Agreement.
Subject to the foregoing, You are only eligible to earn Referral Fees on Qualifying Purchase(s) occurring during the Term, and Referral Fees earned through the date of termination will remain payable only if the orders are not canceled or a refund is not requested. We may withhold final payment for a reasonable time to ensure against cancellations and refund requests, in accordance with the Payment Schedule in paragraph 5 below.
3. Promotion and Order Tracking
We will make available to you an affiliate link or links through your dashboard on our website,https://awb-firm.goaffpro.com/login (or an alternate dashboard site that we will provide to you), that will track purchases and allow you to be paid for affiliate referrals (the “Links” collectively, or “Link” individually) in order to link to Our website and any related sales pages or online marketplace.
You and we will cooperate in good faith to develop and implement such Links. Each Link will permit recipients to navigate directly to a page on Our website or related site, designated by us via a special tagged link format. You will be solely responsible for integrating the Links into your site to properly enable sales tracking, and we will not be responsible for your failure to do so, including to the extent such failure may result in any reductions of amounts that would otherwise be paid to you under this Agreement.
You agree that You will not place any referral or affiliate link, coupon code, or other tracking device on any page or screen that contains content that: advocates discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age; promotes or engages in illegal activities, violates intellectual property rights of third parties; or contains or promotes deceptive information.
You agree that You are responsible for disclosing that the Links provided on Your website or marketed to potential customers by other means are affiliate links in accordance with the Federal Trade Commission Act and any other applicable rules or regulations pertaining to endorsements and affiliate or referral marketing.
4. Referral Fees
We will pay You referral fees (“Referral Fees”) in the amount of fifty percent (50%) of gross sales, that We actually receive from the sale of all Products that are purchased by users during a visit to Our site or related site, following navigation to the designated URL through a hypertext link from You under this Program (“Qualifying Purchase”). Referral Fees will not be payable on sales otherwise made from Our site or related sites, even if the customer previously made a Qualifying Purchase. Referral Fees will not be payable on any purchase made by You, whether through your own Links or another affiliate’s Links.
Referral Fees will only be paid on Qualifying Purchases of “Products,” which means digital and online education products sold by the AWB Firm. No Referral Fees will be paid on any legal services obtained from the AWB Firm, in compliance with legal ethics rules.
5. Payment Schedule
Referral Fees will be payable thirty (30) days after any Qualifying Purchase to account for cancellations and refund requests (for example, Referral Fees earned for a sale on January 2 will be paid after February 3).
We pay affiliates once per month via a PayPal account, provided to us when You join the Program. If Your PayPal email changes, it is Your responsibility to notify Us to ensure proper payments. We cannot guarantee the ability to resend payments returned due to incorrect payment email addresses.
You may access reports of sales for which Referral Fees are payable through the affiliate program dashboard on our website, https://awb-firm.goaffpro.com/login.
6. Site Downtime.
Each party acknowledges that their respective sites may be subject to temporary downtime due to causes beyond their reasonable control subject to the specific terms of this Agreement, retains sole right and control over the programming, content and conduct of transactions over its respective site or service.
7. We cannot and do not guarantee any financial results or business outcome from participating in the Program.
EACH PARTY SPECIFICALLY DISCLAIMS ANY REPRESENTATION OR WARRANTY REGARDING (i) THE AMOUNT OF SALES THAT EACH PARTY MAY GENERATE DURING THE TERM, AND (ii) ANY ECONOMIC OR OTHER BENEFIT THAT THE OTHER PARTY MIGHT OBTAIN THROUGH ITS PARTICIPATION IN THIS AGREEMENT.
NEITHER PARTY WILL BE LIABLE TO THE OTHER FOR ANY INDIRECT, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR LOST DATA) ARISING OUT OF THIS AGREEMENT. OUR ENTIRE LIABILITY ARISING FROM THIS AGREEMENT WHETHER IN CONTRACT OR TORT, WILL NOT EXCEED THE AMOUNTS PAYABLE TO YOU HEREUNDER.
8. Fulfillment and Customer Contact Policy
We will be solely responsible for fulfilling all orders and payment processing, and customers who buy Products through the Program (“Qualifying Purchasers”) will be deemed Our customers. Accordingly, all rules, policies, operating procedures and information concerning customer orders and sales will apply to Qualifying Purchasers, including our rules of privacy and confidentiality. We may change our policies and operating procedures at any time, without notice.
You may contact Qualifying Purchasers in order to deliver bonus content, and may add them to your e-mail list or other marketing efforts, but agree to honor all opt-out requests.
9. Marketing; Masterclass Promotion
You agree to support the AWB Firm’s promotions of the Products, which may include sales or other marketing efforts, no more than once per quarter. You agree to make at least one (1) social media post and/or e-mail to your list regarding these promotions.
If you would like to offer a special discount code on the Products to your social media audience or e-mail list, we request that you schedule at least one (1) online webinar or masterclass, taught by Autumn Witt Boyd or another attorney with the AWB Firm. You and We may mutually agree to schedule additional webinars or masterclasses at each party’s availability.
10. Intellectual Property Rights
We will provide you with copy, graphics, and images that you may use and modify in your own marketing efforts for the Program (“AWB Firm Content”).
We grant to You during the Term a non-exclusive, non-transferable, royalty-free license to establish hyperlinks between Your and Our websites, and to use Our trade names, logos, trademarks and service marks (“Our Marks”) and AWB Firm Content that We provide on your site and social media accounts solely as is reasonably necessary to establish and promote such hyperlinks and the Program and to otherwise perform your obligations under this Agreement.
You may also create your own copy, graphics, and images to promote the Program (“Affiliate Content”). You own all rights in Affiliate Content, but you agree you will only use them in connection with this Program or any future AWB Firm affiliate referral program or launch.
You hereby grant to Us during the Term, a non-exclusive, non-transferable, royalty-free license to establish hyperlinks between Your and Our Websites and to use Your trade names, logos, trademarks and service marks (the “Affiliate Marks”) and Affiliate Content solely as is reasonably necessary to establish and promote such hyperlinks and the Program and to otherwise perform Our obligations under this Agreement.
We do not require advance approval of your marketing assets, but you agree to remove and stop using any promotional materials containing any of Our Marks that We determine are not consistent with, or would tarnish Our brand and reputation.
Except as set forth above, You and We each reserve all right, title and interest in all respective intellectual property rights (e.g., patents, copyrights, trade secrets, trademarks and other intellectual property rights). Use of the other’s intellectual property except as set forth herein is strictly prohibited.
Your use of any materials found in the AWB Firm Content or of Our Marks other than that expressly authorized in this agreement or by a separate written assignment, is not permitted (“Unauthorized Use”). You agree to pay liquidated damages of five (5) times the total fees earned from the Program in the event of your Unauthorized Use, or a minimum of $5,000, whichever is greater in addition to any legal or equitable remedies the AWB Firm may be entitled to pursue. This is not a penalty but an agreed liquidated damages charge for the Unauthorized Use.
You agree that any violation or threatened violation of the Intellectual Property Rights terms in this Agreement would cause irreparable injury to Us that may not be adequately compensated by damages, entitling Us to obtain injunctive relief, without bond, in addition to all legal remedies.
We agree to indemnify, defend and hold harmless You and Your affiliates, directors, officers, employees and agents, from and against any and all liability, claims, losses, damages, injuries or expenses (including reasonable attorney’s fees) relating to the operation of Our site, a breach of Our obligations under this Agreement, or the violation of any third party intellectual property rights of editorial content or other materials provided by Us for display on Your site.
You agree to indemnify, defend and hold harmless Us and Our affiliates, directors, officers, employees and agents, from and against any and all liability, claims, losses, damages, injuries or expenses (including reasonable attorney’s 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 of editorial content or other materials of Your site.
12. General Provisions
You and We are entering this Agreement as independent contractors, and nothing will be construed to create a partnership, agency, joint venture or employment relationship between You and Us.
In its performance of this Agreement and in the operation of each party’s respective Websites, You and We each will comply with all applicable laws, regulations, orders and other requirements, now or hereafter in effect, of governmental authorities having jurisdiction. Without limiting the generality of the foregoing, You and We each will pay, collect and remit such taxes as may be imposed with respect to any compensation or transactions under this Agreement.
This is the entire agreement of the parties, and reflects a complete understanding of the parties with respect to the subject matter. This agreement supersedes all prior written and oral representations. This Agreement will be governed by the laws of Tennessee and the United States of America. You agree to submit to the jurisdiction and venue of the state and federal courts in or nearest to Chattanooga, Tennessee, and waive any defense of lack of personal jurisdiction or forum non conveniens. This Agreement may only be modified by agreement of both parties in writing. If any provision of this Agreement is held invalid or unenforceable, the remainder of this Agreement will remain in full force and the invalid or unenforceable provision will be replaced by a valid or enforceable provision. The prevailing party in any dispute between the parties arising out of or related to this agreement, whether resolved by negotiation, mediation, or litigation, shall be entitled to recover its attorneys’ fees and costs from the other party.
By clicking “Agree to Terms”, You assert that You have read, understood and agreed to all of the terms and conditions of this Agreement, You have independently evaluated this program and are not relying on any representation, guarantee or statement other than as set forth in this Agreement.