Affiliate Agreement Terms and Conditions
For Tami Gulland Coaching/Energetic IQ™
Thank you for considering the Tami Gulland Coaching (Affiliate Program. Our affiliates are very important to us. We do our best to treat you with the fairness and respect you deserve. We ask the same consideration of you. We have written the following affiliate agreement with you in mind, as well as to protect our company’s good name. Please bear with us as we take you through this legal formality.
If you have any questions, please feel free to ask them. We are strong believers in straight-forward, honest and respectful communication. For fastest response, email Tami@TamiGulland or call 303.697.0289.
Affiliate Agreement Terms and Conditions
This is a legally binding agreement between you and Tami Gulland (DBA Tami Gulland Coaching and the Energetic IQ™ Brand).
Tami Gulland Coaching may terminate your affiliate account at any time, with or without notice, for conduct that is in breach of this Affiliate Agreement, for conduct that Tami Gulland Coaching believes is harmful to its business, or for conduct where the use of the Affiliate Program is harmful to any other party.
By submitting the online application, you are agreeing that you have read and agree to the terms and conditions of this agreement and that you agree to be legally responsible for each and every term and condition.
To begin the enrollment process, you will complete and submit the online application at the designated link. We reserve the right to reject your application and re-evaluate your application at a later time at our sole discretion.
Tami Gulland Coaching will provide the Affiliate with specific Referral Links to link advertisements and other marketing content to Tami Gulland Coaching and its website.
TamiGulland.com website will track users who have visited these Referral Links using cookies which expire after 2 years. Only users who make a purchase while the cookie is active will be considered referrals of the Affiliate and recorded as such in the Affiliate Dashboard.
The Affiliate is not authorized to modify or alter the Referral Links or the cookies in any way. Tami Gulland Coaching is not responsible for any tracking or reporting errors that may result from any modifications to the Referral Link or the cookies.
For a sale to generate a commission to an Affiliate, the customer must use the unique link provided to the affiliate, complete the order form online and remit full payment for the product. Commissions will only be paid on sales that are made when the customer clicks through qualified, correctly structured Affiliate links. Properly coded links are the sole responsibility of the affiliate. Commissions can be viewed on the Affiliate Dashboard.
The Affiliate will receive a commission for each new Introductory Energetic IQ™ Reading after the reading is given when their unique affiliate link is used. In addition, they will receive commissions for program upgrades (***outlined in the commission schedule) by the customer for two years. Payouts are given at the end of each month and when applicable, only after refund date deadlines for refundable programs, products and services. In the case of refundable programs, products or services, there will be an automatic commission reversal for refunded programs, products and services.
Affiliate commissions will not be made on Affiliate’s personal purchases.
Payment will automatically be processed. Payments will generally be paid out via PayPal. An Affiliate can request a payment when their balance reaches a minimum balance of $50 USD. Payments can be requested every 30 days and only after services are rendered and refund deadlines have passed. Payment processing can take up to 30 days from the request date.
Usage and Obligations
Affiliates are permitted to use Tami Gulland Coaching and Energetic IQ™ brand and marketing resources available in the Affiliates section for approved Affiliates. Logos and other assets cannot be modified. The Affiliate does not gain any trademark, copyright or any other rights to these materials.
The Affiliate will never imply that they are acting on behalf of Tami Gulland Coaching and Energetic IQ™ and will never advertise Tami Gulland Coaching and Energetic IQ™ programs, products and services directly. The Affiliate will never bid for advertisements that compete with Tami Gulland Coaching and Energetic IQ™.
The Affiliate will never represent themselves, Tami Gulland Coaching and Energetic IQ™ or their relationship with Tami Gulland Coaching and Energetic IQ™ in a false or misleading way.
The Affiliate will not engage in the distribution of an unsolicited bulk email (spam) mentioning or referencing Tami Gulland Coaching and Energetic IQ™.
Tami Gulland Coaching and Energetic IQ™ reserves the right, at any time, to review your placement and approve the use of Your Links and require that you change the placement or use to comply with the guidelines provided to you.
The maintenance and the updating of your site will be your responsibility. We may monitor your site as we feel necessary to make sure that it is up-to-date and to notify you of any changes that we feel should enhance your performance.
It is entirely your responsibility to follow all applicable intellectual property and other laws that pertain to your site. You must have express permission to use any person’s copyrighted material, whether it be a writing, an image, or any other copyrightable work. We will not be responsible (and you will be solely responsible) if you use another person’s copyrighted material or other intellectual property in violation of the law or any third-party rights.
Term and Termination
Either party has the right to terminate the agreement immediately without prior notice. Written termination is required and may be sent by email to Tami@TamiGulland.com.
If the Affiliate terminates the agreement, no further commissions from Tami Gulland Coaching and Energetic IQ™ will be paid for any past or future customer transactions.
If Tami Gulland Coaching and Energetic IQ™ chooses to terminate the agreement, any balance greater than $50 USD will be paid to the affiliate within 60 days of termination. Balances that are smaller than $50 will be forfeited.
If the Affiliate is on a recurring program, Tami Gulland Coaching and Energetic IQ™ will not be obligated for any future payments after termination.
This Agreement shall be governed, construed, and enforced in accordance with the laws of the State of Colorado, without regard to its conflict of laws rules. Any legal fees associated with affiliate disputes will be paid in their entirety by the affiliate.
All claims and disputes arising under or relating to this Agreement are to be settled by binding arbitration in the State of Colorado. An award of arbitration may be confirmed in a court of competent jurisdiction.
We may modify any of the terms and conditions within this Agreement at any time and at our sole discretion. These modifications may include, but not limited to changes in the scope of available commissions, commission schedules, payment procedures and Affiliate Program rules. In such event, you will be notified by email. If any modifications are unacceptable to you, your only option is to end this Agreement by written notice.
Tami Gulland Coaching and Energetic IQ™ make no express or implied representations or warranties regarding Tami Gulland Coaching and Energetic IQ™ service and web site or the products or services provided therein, any implied warranties of Tami Gulland Coaching and Energetic IQ™ ability, fitness for a particular purpose, and non-infringement are expressly disclaimed and excluded. 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.
Limitations of Liability
We will not be liable to you with respect to any subject matter of this agreement under any contract, negligence, tort, strict liability or other legal or equitable theory for any indirect, incidental, consequential, special or exemplary damages (including, without limitation, loss of revenue or goodwill or anticipated profits or lost business), even if we have been advised of the possibility of such damages. Further, notwithstanding anything to the contrary contained in this agreement, in no event shall Tami Gulland Coaching and Energetic IQ™ cumulative liability to you arising out of or related to this agreement, whether based in contract, negligence, strict liability, tort or other legal or equitable theory, exceed the total commission fees paid to you under this agreement.
You hereby agree to indemnify and hold harmless Tami Gulland, Tami Gulland Coaching and Energetic IQ™, and its subsidiaries and affiliates, and their directors, officers, employees, agents, shareholders, partners, members, and other owners, against any and all claims, actions, demands, liabilities, losses, damages, judgments, settlements, costs, and expenses (including reasonable attorneys’ fees) (any or all of the foregoing hereinafter referred to as “Losses”) insofar as such Losses (or actions in respect thereof) arise out of or are based on (i) any claim that our use of the affiliate trademarks infringes on any trademark, trade name, service mark, copyright, license, intellectual property, or other proprietary right of any third party, (ii) any misrepresentation of a representation or warranty or breach of a covenant and agreement made by you herein, or (iii) any claim related to your site, including, without limitation, content therein not attributable to us.
All confidential information, including, but not limited to, any business, technical, financial, and customer information, disclosed by one party to the other during negotiation or the effective term of this Agreement which is marked “Confidential,” 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 express written permission of the disclosing party.
You agree that you are an independent contractor, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between you and Tami Gulland Coaching and Energetic IQ™. 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 any other of Your Site or otherwise, that reasonably would contradict anything in this Section.
Neither party may assign its rights or obligations under this Agreement to any party, except to a party who obtains all or substantially all of the business or assets of a third party.
Effective 2/22/19 Tami Gulland Coaching www.TamiGulland.com