Effective Date: April 2021
These Wealthtender Coach Connect Affiliate Program Terms (“Agreement”) contain the complete terms and conditions that apply to your participation as an affiliate in the Coach Connect Affiliate Program of Wealthtender, and the establishment of links from you to our web site www.wealthtender.com, or any other designated website owned or operated by Wealthtender. As used in this Agreement, “we,” “us,” “our” or “Wealthtender” means Wealthtender, Inc., and “you” or “your” means the applicant.
THIS IS A LEGAL AGREEMENT BETWEEN YOU AND WEALTHTENDER. BY SUBMITTING YOUR APPLICATION TO PARTICIPATE IN THE WEALTHTENDER AFFILIATE PROGRAM, YOU ARE AFFIRMATIVELY STATING THAT YOU HAVE READ THIS AGREEMENT AND UNDERSTAND THE TERMS SET FORTH HEREIN AND ARE AFFIRMATIVELY INDICATING YOUR ACCEPTANCE OF THIS AGREEMENT. YOU AGREE TO BE BOUND BY THE TERMS HEREOF. YOU ARE ALSO AGREEING TO BE BOUND BY THE TERMS OF THE AFFILIATE SERVICE AGREEMENT REQUIRED BY ANY OTHER AFFILIATE ADMINISTRATOR UTILIZED BY WEALTHTENDER.
To begin the enrollment process, you will submit a completed Affiliate Application by applying to join the Wealthtender Coach Connect Affiliate Program. Once your application has been approved, you will receive your affiliate code and referral links to allow you to start marketing the Wealthtender Coach Connect services. We may reject your application for any reason, or no reason at all, and in our sole discretion.
“Link” means a hyperlink to the Wealthtender website that is copied and pasted from your individual password-protected Affiliate administration area used for the Wealthtender Coach Connect Affiliate Program. If the link or HTML code you copy from the Affiliate administration area is altered in any way after copying from that web page, we take no responsibility for you receiving credit for any referral to Wealthtender. Any change you make may cause the tracking to no longer function correctly.
We may make available to you banners, button links to our site, and/or text links to our site containing the Wealthtender logo and words identifying Wealthtender. In using the links, you agree that you will take full responsibility in maintaining all such links. All Affiliate Sites (hereinafter defined to include use in connection with your website, social media profile, email address, phone conversation or any other medium you use to promote an Wealthtender service) shall display such banners or links prominently throughout your site as you see fit and with our consent. You shall not alter, modify or expand the banners or links in any way; however, a banner or link may be modified and/or expanded with our written consent. Each banner or link connecting users of your Affiliate Site to our site will in no way alter the look, feel or functionality of our site. We have the right in our sole discretion to monitor your Affiliate Site at any time and from time to time to determine if you are in compliance with the terms of this Agreement.
You are allowed to use the prices of the Wealthtender services on your website but you are responsible for keeping your information on pricing up-to-date as Wealthtender from time to time may post specials, discounts or change product and/or service pricing at our sole discretion.
You are strictly prohibited, absent prior written consent of Wealthtender, from placing links to Wealthtender in third party newsgroups, message boards, IRC postings, unsolicited email and other types of spam, link farms, counters, chatrooms, or other guest books, or forcing clicks.
You acknowledge that you are the owner and operator of your Affiliate Sites and have no ownership interest in Wealthtender or any of its property, intellectual or otherwise. In order to avoid consumer confusion as to source and affiliation, you must include an affiliate disclosure on web pages where you place your Wealthtender affiliate link. Your affiliate disclosure must, at a minimum, include the following:
a. Disclose that links on your site may be affiliate links.
b. Disclose that you earn commissions from links on your site.
We will process orders (generally coaching packages and gift certificates for coaching packages) placed by customers who follow the links you copy from your Affiliate administration area from your Affiliate Site(s) to the Wealthtender site. We reserve the right to reject orders that do not comply with certain requirements that we periodically may establish, and you will not be eligible for commissions on orders we reject. We will be solely responsible for all aspects of order processing and fulfillment, including order entry, payment processing, customer onboarding, cancellations, returns and related customer service. We will track the volume and amount of sales generated by your site and will make unaudited reports available for your review from time to time at our discretion.
Commissions are only available on trackable sales of coaching packages and gift certificates, subject to certain exclusions, according to the commission type, rate and terms described inside your Affiliate administration area.
Wealthtender affiliates earn a commission for all referrals who purchase coaching packages and gift certificates using their link. We reserve the right to reverse commissions due to refunded payments and erroneous subscription crediting.
The Commission Rate is subject to change at any time or from time to time, in our sole and absolute discretion. You will be notified of any change in the Commission Rate by email notice to the email you use on your account in your affiliate area. Commissions will also be reduced for amounts due to credit card fraud, bad debts, cancellations, charge backs and credits for returned goods.
A commission will only be paid if the visitor to our site is tracked by the system from the time of the link to the time of the sale. No commission will be paid if the visitor to our site cannot be tracked by our system, which may include a visitor returning to our site.
Our cookies may expire, so repeat visitors that do not come directly from your site may not count towards your commissions if the cookie has been removed by the user or otherwise. In the event a visitor comes from two different affiliates, the later cookie shall govern for the calculation of commissions.
Commissions on eligible orders are paid consistently solely with the criteria in the “Commissions” section above. If a commission has been paid for orders that were deemed ineligible, the commission will be deducted from future commissions. The Commission Rate is subject to change at any time or from time to time, in our sole and absolute discretion. All commission payments are made via the options which are made available through the Affiliate administration area.
You agree that you are solely responsible for all tax obligations due to all taxing authorities arising from or in connection with your participation in our Affiliate Program. Wealthtender shall not withhold any taxes of any kind from your commission payments.
Wealthtender shall pay commissions on a monthly basis, within 45 days following the end of each calendar month.
No commission will be paid if you violate the terms of this Agreement or the law.
Using your login to the Affiliate administration area, you will be able to run reports showing the orders you referred to Wealthtender.
You agree that Wealthtender may, at any time, upon giving ten (10) days prior written notice to you, inspect and audit your books and records, including all financial documentation related to sales and requested commissions and all materials, including your Affiliate Site, used in order to generate such sales, to determine whether you have complied with this Agreement.
We grant you a non-exclusive, non-transferable, revocable right to (i) access our site through links solely in accordance with the terms of this Agreement, and (ii) solely in connection with such links, to use our logos, trade names, trademarks and similar identifying material (collectively “Wealthtender Marks”), solely for the purpose of selling services on your site for Wealthtender and subject to any Wealthtender Marks guidelines provided by Wealthtender. You may not alter, modify or change the Wealthtender Marks, logos, trademarks or any other text content provided to you through the Wealthtender Affiliate Program. The use of any of the Wealthtender Marks, logos, trademarks or text content are only extended to members in good standing in the Wealthtender Affiliate Program.
If you see logos, trademarked items or text content that is not in the materials available to affiliates in the marketing section and you wish to use on your site, you may not use them without prior written permission. Permission is not to be construed as Wealthtender giving you any legal ownership or rights to these logos, trademarks or text content.
The rights granted to you pursuant to this section shall terminate upon the effective date of the expiration or termination of this Agreement.
Additionally, we reserve the right to secure the highest position in pay-per-click and pay-per-position search engines and advertising sites by submitting a bid for URLs or other search terms considered as trademarks, sales marks, service marks, registered trademarks, or registered URLs (or any variations or abbreviations of same) of Wealthtender.
You explicitly agree not to adopt or use in any manner any trade name, trademarks, service marks, URLs or other intellectual property that is the same or similar to that of Wealthtender, including, without limitation, the Wealthtender logo service marks. At no time shall you advertise on search engines utilizing keywords containing, in whole or in part, the same, or anything confusingly similar to Wealthtender’s marks. If you are found to have placed ads for any of the preceding types of keywords all of your commissions may be voided at the sole discretion of Wealthtender.
Be careful about your advertising methods using email. Wealthtender will not tolerate any forms of spam or unsolicited email. In the event an affiliate is charged with spamming practices, Wealthtender shall not be held liable for any legal action taken against said affiliate nor be financially responsible for fines owed by said affiliate. You are prohibited from using the Affiliate Program in any way that facilitates spamming, indiscriminate advertising or unsolicited commercial email or otherwise fails to comply with the CAN SPAM federal and state laws and/or any other laws and/or regulations that govern email marketing and communications in any form.
You also agree that your Affiliate Sites do not:
a. incorporate images or content that is unlawful, defamatory, inaccurate, false, misleading, offensive, derogatory, obscene, profane, sexually oriented, racially offensive, harassing, stalking or otherwise objectionable;
b. facilitate spamming, indiscriminate advertising or unsolicited commercial email or otherwise fails to comply with the CAN SPAM federal and state laws and/or any other laws and/or regulations that govern email marketing and communications in any form;
c. support and/or promote illegal activity, fraud, harm, violence, or destruction of property;
d. promote or assist others in promoting copyright infringement or use of an illegal or unauthorized copy of another person’s copyright protected work, in whatever form, including providing pirated computer programs or software or links to them, or providing information to circumvent copyright protected notices or devices;
e. promote or assist others in promoting or transmitting content that infringes upon the intellectual property rights or other personal or proprietary rights of third parties;
f. provide material that exploits people under the age of 18 in a sexual or violent way or otherwise attempting to solicit information from anyone under the age of 18;
g. use a script, robot, spider, scraper, device, program, robot, Iframes, hidden frames or other automated technology to generate Commissions for payment;
h. white-label Wealthtender’s services or Affiliate Program;
i. post or transmit content that violates any term or condition of this Agreement; or
k. post or transmit content, or using the Affiliate Site in a manner, that violates any law, statute, regulation, or ordinance, or treaty, whether local, state, provincial, national, or international.
(collectively “Content Restrictions”)
Further, in order to facilitate accurate record-keeping, multiple accounts spanning multiple networks or Wealthtender referral programs, including, but not limited to, refer-a-friend programs, are strictly prohibited. If you promote the Wealthtender service using multiple affiliate or referral programs all your affiliate and referral accounts will be terminated and all commissions will be forfeited.
Any activity by You in violation of this Agreement or the law may result in your immediate termination from the Affiliate Program and Your forfeiting of Payments otherwise due you hereunder.
The term of this Agreement will begin when your Affiliate Application has been accepted by Wealthtender through the Wealthtender Affiliate Network. This Agreement will end when terminated by either party. The Agreement may be terminated by Wealthtender or the Affiliate for any reason at any time with e-mail or written notice, or immediately upon notice of any breach of the provisions of this Agreement. Upon termination you may no longer use Wealthtender Marks, Wealthtender banners, images, content, trademarks, etc., on your site. If this Agreement is terminated because you have violated the terms of this Agreement or if this Agreement is terminated because your site becomes subject to the Content Restrictions set forth in Section 10, you are not eligible to receive any commission payments, even for commissions earned prior to the date of termination. If this Agreement is terminated for any other reason, you are only eligible to earn a commission on sales occurring during the term of the Agreement, and commissions earned through the date of termination will remain payable only if the related orders fulfil the requirements set forth in the Commissions section in this Agreement. We reserve the right to withhold your final payment for a reasonable time to ensure that the correct amount is paid.
We may modify any of the terms and conditions contained in this Agreement, at any time and in our sole discretion. Notice of any change by e-mail or to your address on our records is considered sufficient notice for notifying you of a modification to the terms and conditions of this Agreement. Modifications may include, but are not limited to, changes in the scope of available commission fees, commission schedules, payment procedures, and Affiliate Program rules. All such modifications shall take effect 48 hours after we serve notice as provided above, unless we indicate otherwise. If any modification is unacceptable to you, your only recourse is to terminate this Agreement. Your continued participation in the Affiliate Program, following our posting of a change notice or new agreement on our site, will constitute binding acceptance of the change.
You and Wealthtender are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on your site or otherwise, that reasonably would contradict anything in this Section.
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WEALTHTENDER BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA OR PROFIT, ARISING OUT OF THIS AGREEMENT, EVEN IF WEALTHTENDER OR A WEALTHTENDER AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL WEALTHTENDER BE LIABLE ON ANY THEORY OF LIABILITY, WHETHER IN AN EQUITABLE, LEGAL, OR COMMON LAW ACTION ARISING HEREUNDER FOR CONTRACT, STRICT LIABILITY, INDEMNITY, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, FOR DAMAGES WHICH, IN THE AGGREGATE, EXCEED THE COMMISSIONS PAYABLE TO YOU AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY.
The foregoing limitation of liability shall apply regardless of the cause of action under which such damages are sought.
We make no express or implied warranties or representations with respect to the Affiliate Program or any product or service or other items sold through the Affiliate Program (including, without limitation, warranties of fitness for a particular purpose, merchantability, non-infringement, or any implied warranties arising out of a course of performance, dealing, or trade usage). In addition, we make no representation that the operation of our site will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors.
You hereby represent and warrant to us that this Agreement has been duly and validly accepted and delivered by you and constitutes your legal, valid and binding obligation, enforceable against you in accordance with its terms; and that the execution, delivery and performance by you of this Agreement are within your legal capacity and power; have been duly authorized by all requisite action on your part; requires the approval or consent of no other persons; and neither violates nor constitutes a default under the (i) provision of any law, rule, regulation, order, judgment or decree to which you are subject or which is binding upon you, or (ii) the terms of any other agreement, document or instrument applicable to you or binding upon you.
We may disclose to you certain information as a result of your participation as part of the Affiliate Program, which information we consider to be confidential (herein referred to as “Confidential Information”). For purposes of this Agreement, the term “Confidential Information” shall include, but not be limited to, any modifications to the terms and provisions of this Agreement made specifically for your site and not generally available to other members of the Affiliate Program, website, business and financial information relating to Wealthtender, customer and vendor lists relating to Wealthtender, and pricing and sales information for Wealthtender and any members of the Affiliate Program. Confidential Information shall also include any information that we designate as confidential during the term of this Agreement.
You agree not to disclose any Confidential Information and that such Confidential Information shall remain strictly confidential and secret and shall not be utilized, directly or indirectly, by you for your own business purposes or for any other purpose except and solely to the extent that any such information is generally known or available to the public or if same is required by law or legal process. We make no warranty, expressed or implied, with respect to any information delivered hereunder, including implied warranties of merchantability, fitness for a particular purpose or noninfringement, or any other warranties, whether arising by law, custom or conduct, or as to the accuracy or completeness of the information and we shall not have any liability to you or to any other person resulting from your or third person use of the information.
Should any law enforcement agency or internet service provider provide Wealthtender with notice that you have engaged in unlawful conduct or conduct in violation of this Affiliate Agreement, we reserve the right to cooperate in any investigation relating to Your activities including disclosure of Your account information in connection therewith.
You hereby agree to indemnify, defend and hold harmless Wealthtender, its shareholders, officers, directors, employees, agents, affiliates, successors and assigns, from and against any and all claims, demands, losses, liabilities, damages or expenses (including attorney fees and costs) of any nature whatsoever incurred or suffered by us (collectively the “Losses”), in so far as such Losses (or actions in respect thereof) arise out of, are related to, or are based on (i) your violation of any applicable law, statute, ordinance, regulation, or treaty, whether local, state, national, or interrelation, including, without limitation your violation of the rights of a third party, intellectual property or otherwise; (ii) the breach of any representation or warranty made by you herein; (iii) any claim related to your site; or (iv) your participation in the Affiliate Program violating the rights of any third party.
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU UNDERSTAND THAT WE MAY AT ANY TIME (DIRECTLY OR INDIRECTLY) SOLICIT CUSTOMER REFERRALS ON TERMS THAT MAY DIFFER FROM THOSE CONTAINED IN THIS AGREEMENT OR OPERATE WEB SITES THAT ARE SIMILAR TO OR COMPETITIVE WITH YOUR WEB SITE. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN THE AFFILIATE PROGRAM AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.
This Agreement will be governed by the laws of the United States and the State of Texas, without reference to the choice of law provisions of any state or jurisdiction. Any action relating to this Agreement must be brought in the federal or state courts located in Harris County and you irrevocably consent to the jurisdiction of such courts. You may not assign this Agreement, by operation of law or otherwise, without our prior written consent. Subject to the foregoing restriction, this Agreement will be binding on, inure to the benefit of, and enforceable against the parties and their respective successors and assigns. Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement. If any portion of this Agreement is determined to be or becomes unenforceable or illegal, such portion shall be reformed to the minimum extent necessary in order for this Agreement to remain in effect in accordance with its terms as modified by such reformation.
A finding that any term or provision of this Agreement is invalid or unenforceable will not affect the validity or enforceability of this Agreement. Any term or provision of this Agreement that is found to be invalid or unenforceable will be reformed to the extent necessary to make it valid and enforceable.
YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST WEALTHTENDER ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING AND YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS.
You hereby represent and warrant to Wealthtender that this Agreement has been duly and validly executed and delivered by You, at least 18 years of age, and constitutes Your legal, valid and binding obligation, enforceable against You in accordance with its terms; and that the execution, delivery and performance by You of this Agreement are within your legal capacity and power; have been duly authorized by all requisite action on your part; require the approval or consent of no other persons; and neither violate nor constitute a default under the (i) provision of any law, rule, regulation, order, judgment or decree to which you are subject or which is binding upon you, or (ii) the terms of any other agreement, document or instrument applicable to you or binding upon You.