AFFILIATE AGREEMENT

As an Affiliate, User has the opportunity to earn from (i) commissions for accounts & products that User sells to other Users, and (ii) bonuses when the people User sells to, sells to others. This Agreement sets forth User’s rights and obligations as an Affiliate. By using this site and all other sites under its management, you, herein known as “User,” agree to all of the following, including our Terms and Conditions, Disclaimer, Return Policy and Privacy Policy. Please always adhere to all guidelines when promoting Provider’s products and services. User must agree to Provider’s affiliate agreement before promoting. Do not misrepresent any product or offer and follow any endorsement rules and regulations that are applicable.

1. PARTIES
All references to “Provider” herein refer to Private Wealth Academy, its owner(s), parent company, affiliate entities, employees, and assigns. All references to “User” and “User’s” means and refers to the “Affiliate” who has executed this Agreement by clicking “I Agree.” Provider and User are each referred to hereafter as a “Party,” and collectively as the “Parties.”

2. INDEPENDENT
User is independent of Provider. It is the express understanding and intention of the Parties that no relationship of master and servant or principal and agent shall exist between Provider and User by virtue of this Affiliate Agreement. With this agreement, User will adhere to all of the rules and regulations or face termination from the program, without liability to Provider.

3. TERM AND TERMINATION
User’s contract with Provider begins when User clicks “I Agree,” and will continue month-to-month until either Provider cancels User’s account due to User’s breach of any of the terms of this Agreement. In the event this Agreement is canceled due to User’s breach, User forfeits all Commissions and Bonuses owed to User or that may in the future be owed to User; or Provider or its successors or assigns, in its sole and absolute discretion, cancels User’s Affiliate Agreement. In the event that Provider or its successors or assigns cancels User’s Affiliate Agreements, User will first receive three (3) days’ written notice, sent to the email address User shared with Provider and that is associated with User’s Affiliate profile.

4. COMPENSATION

  • COMMISSIONS. After User clicks “I Agree” to the terms of this Agreement, User will receive a unique Affiliate URL, which User will use. When a person (a “Prospect”) other than the User clicks through that URL, a cookie (or similar tracking technology, hereafter “Cookie”) will be set in the Prospect’s browser. When the Prospect creates a Provider account by using User’s Affiliate link, the Cookie on the Prospect’s browser, corresponding to User’s unique URL, registers a “Sale,” and each such account is considered a “Sold Account.” In the event that a Prospect has multiple Affiliate Cookies, the most recently-acquired Cookie will determine which Affiliate is credited with a Sale. User will be paid a commission for each “Sold Product.” Commission payments will be made to User on or before thirty (30) days following Provider’s receipt of payment for a Sold Product, subject to the other terms set forth herein; or
  • TAXES. User should seek professional financial or legal advice to determine potential tax liability. Provider will not be held liable for taxes, litigations, or outcomes for User’s legal or financial actions. 
  • MINIMUM COMMISSION AND BONUS PAYMENT. User’s combined commission and bonus amount must equal or exceed Fifty and 00/100 Dollars ($50.00) before User receives a payment from Provider. If User’s combined commissions and bonuses for a given month are less than $50.00, User’s commissions and bonuses will be held until User’s combined commissions and bonuses equal or exceed $50.00. The Commission amount is variable from 1% to 100% of all fees received by Provider for a Sold Product, depending on the rate of commission shown in the Affiliate Member’s Area. 
  • COMMISSIONS AND BONUSES PAID FOLLOWING LEGITIMATE SALE. Commissions and Bonuses are paid only for transactions that actually occur between Provider and a Sale or a Legacy Sale. If the transaction does not actually occur, or if payment is not actually received by Provider, User will not be paid a Commission or Bonus on the transaction. If payment later results in a refund or charge-back, and if a commission or bonus was paid to User for that payment, then the commission or bonus will be deducted from User’s future commissions. User may not use their own affiliate link to make personal purchases. If Provider determines, in its reasonable discretion, that any Sale or Legacy Sale was procured fraudulently or as a result of any violation of this Agreement, no Commission or Bonus will be paid for such Sale or Legacy Sale. If any Commissions or Bonuses are paid for a Sale or Legacy Sale was produced fraudulently or as a result of any violation of this Agreement, and the fraud or violation is discovered by Provider after payment, such payment amounts shall be deducted from User’s future commissions and bonuses. 
  • LAWFUL MONEY. All commissions are paid in lawful U.S. money via PayPal or check. 
  • PAYMENT BY ​CHECK. All commissions paid by check will require an additional three to five business days to issue the check, including transit time by USPS.

5. MARKETING AND RECRUITING 
In addition, User must not use the following promotional methods if approved for this affiliate program. Doing so may result in User being terminated from the affiliate program and forfeiting any outstanding commissions.

  • TRUTHFUL. Anything User communicates in marketing or advertising regarding any Provider service or opportunity must be true and accurate. Claims that relate to any Provider service or opportunity that are untrue or fraudulent are strictly prohibited. User may not claim that any government, person, or entity endorses or supports Provider. User may not use the intellectual property of any other person or entity in advertising any Provider service or opportunity.
  • NON-DISPARAGEMENT. User is not permitted to disparage the products or services of any other person or entity, including without limitation to the products or services of a competitor of Provider; this includes using negative words such as ‘scam’ in any promotional campaign. 
  • INVENTORY LOADING/REBATES. User will not be paid any Commission or Bonus for payments made on User’s own account(s). User is not permitted to open an account under the name of another person or entity, or under a fictitious name. User is not permitted to open an account under any name merely for the purpose of obtaining Commissions, Bonuses, or any other compensation, including without limitation to incentives or prizes which may be offered from time to time. User may not pay for another person’s account. User is not permitted to offer cash rebates or other monetary incentives to actual or potential Sales or Legacy Sales. Violation of this paragraph shall constitute a material breach of this Agreement, and User agrees to repay to Provider all Commissions and Bonuses earned as a result of any such violation. 
  • INCOME CLAIMS. If User’s recruiting efforts include claims related to the potential income an Affiliate can make, or if User refers to income User has made, or if User refers to any lifestyle opportunities User has because of Provider, the following guidelines must be adhered to: 
  • SPAM. Sending spam or using safe lists of any kind. 
  • REBATES. Offering cash rebates to people who buy through User’s Affiliate link is prohibited.
  • HYPOTHETICAL STATEMENTS. If User includes a hypothetical scenario, User must clearly label it as a hypothetical scenario.
  • COOKIE STUFFING.
  • ​SNIPING. User contacting leads and produce sales via Provider ads is prohibited.

6. INTELLECTUAL PROPERTY 
No logo, tagline, trademark, trade name, copyrighted material, patent, trade dress, trade secret, or confidential information (collectively, “Intellectual Property”) owned by Provider or any of its affiliates may be used, copied, or reproduced by User except as set forth in writing by Provider. No Intellectual Property (or any mark confusingly similar to any Intellectual Property) is to be advertised, listed for sale, registered as a domain name, or otherwise displayed by User in any fashion, including, without limitation, on any Internet website.

7. RELEASE/AUTHORIZATION TO USE PHOTOGRAPHS
User grants Provider permission to use any and all photographs taken by Provider or its agents or employees, or submitted by User to Provider (hereafter “Photographs”) in any media (including print, internet, film, television and no matter how distributed or published) for any purpose, which may include, but shall not be limited to, advertising, promotion, marketing and packaging of Provider or any product or service sold and marketed by Provider. User agrees that this authorization to use Photographs may be assigned by Provider to any other party. User agrees that the Photographs may be combined with other Photographs, sounds, text, and graphics and that the Photographs may be manipulated, cropped, altered, or modified at Provider’s sole discretion. User agrees not to charge a royalty or fee, and not to make any other monetary assessment against Provider in exchange for this Release and Assignment. User hereby releases and forever discharges Provider from any and all liability and from any damages User may suffer as a result of the use of the Photographs. User further acknowledges and agrees that this Release is binding upon User’s heirs and assigns. User agrees that this Release is irrevocable.

8. PROHIBITED ACTIVITY
Provider has the right to terminate this Agreement at any time if User engages or has ever engaged in any of the following:

  • HARMFUL ACTS. Any dishonest or unethical business practice; any violation of the law; infliction of harm to Provider’s reputation; and the violation of the rights of Provider or any third party.
  • “SPAMMING” AND UNSOLICITED COMMUNICATIONS. Any communications sent or authorized by User reasonably deemed “spamming,” or any other unsolicited solicitations (including without limitation postings on social media or third-party blogs) will be deemed a material threat to Provider’s reputation and to the rights of third parties. It is User’s obligation, exclusively, to ensure that all business communications comply with state and local anti-spamming or analogous laws.
  • OFFENSIVE COMMUNICATIONS. Any communication sent, posted, or authorized by User, including without limitation to postings on any website operated by User, or social media or blog, which are: sexually explicit, obscene, or pornographic; offensive, profane, hateful, threatening, harmful, defamatory, libelous, harassing, or discriminatory; graphically violent; solicitous of unlawful behavior; or that violates the intellectual property rights of another.

9. INDEMNITY 
User agrees to protect, defend, indemnify and hold harmless Provider, its officers, directors, employees, owner(s), and parent company(ies) and assigns from and against all claims, demands, and causes of action of every kind and character without limit arising out of User’s conduct. User indemnity obligation includes, but is not limited to, any third-party claim against Provider for liability for payments for, damages caused by, or other liability relating to User.

10. NO WARRANTY; NO LEADS
Provider does not promise, guarantee, or warrant User’s success, income, or sales. User understands and acknowledges that Provider will not at any time provide sales leads or referrals to User. Additionally, Provider’s websites and services are provided “as is” without warranty of any kind, either express or implied, including without limitation implied warranties of title, merchantability, fitness for a particular purpose, and non-infringement. Provider makes no representation or warranty as to the accuracy, reliability, timeliness, or completeness of any material on or accessible through any Provider website or service. Any reliance on or use of such materials shall be at User’s sole risk. Provider makes no representation or warranty: 

  • That any Provider website or service will be available on a timely basis, or that access to any Provider website or service will be uninterrupted, error-free or secure; or
  • That defects or errors will be corrected; or
  • That any Provider website or the servers or networks through which any Provider website is made available are secure or free of viruses or other harmful components. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to User. The Provider websites may include inaccuracies, errors, and materials that conflict with these terms. In the event of any conflict between anything posted on any Provider website and these terms, these terms shall control.

11. LIMITATION OF LIABILITY 
User agrees that in no event shall Provider’s liability to User for any claim of any kind or description exceed the amount of three (3) times the commissions and bonus payments paid to User for the month preceding the date in which the facts giving rise to a claim against Provider occurred. User waives any right to special, indirect, or consequential damages of any kind or description.

12. FORCE MAJEURE
Provider will not be responsible to User for any delay, damage, or failure caused by or occasioned by a force majeure event. As used in this agreement, “force majeure event” shall mean any act of God, an act of nature or the elements, terrorism, insurrection, revolution or civil strife, piracy, civil war or hostile action, labor strikes, acts of public enemies, federal or state laws, rules and regulations of any governmental authorities having jurisdiction over the premises, inability to procure material, equipment, or necessary labor in the open market, acute and unusual labor, material, or equipment shortages, or any other causes beyond the control of Provider. Delays due to any of the above causes shall not be deemed to be a breach of or failure to perform under this agreement. Provider shall not be required against its will to adjust any labor or other similar dispute except in accordance with applicable law.

13. ASSIGNMENT
Provider may assign its rights under this agreement at any time, without notice to User. User rights arising under this agreement cannot be assigned without Provider or its assigns’ express written consent.

14. ARBITRATION, GOVERNING LAW, AND ATTORNEYS’ FEES

  • ARBITRATION. Any claim or grievance of any kind, nature, or description that User has against Provider including, but not limited to, economic losses, personal injury, or property damage, shall be resolved exclusively in binding arbitration in Provider’s County. User agrees not to file suit against Provider or any of its affiliates, subsidiaries, officers, directors, employees, successors, or assigns, et. al. The arbitration will take place before a neutral arbitrator (hereafter, “Arbitrator”) agreed upon by User and Provider. In the event that User and Provider are unable to reach an agreement with an Arbitrator, User and Provider will each select an Arbitrator, and the two arbitrators will select the Arbitrator that has residence near Provider. The arbitrators selected by User and Provider will have no further involvement in the arbitration. The Arbitrator will determine the rules governing arbitration. The decision of the Arbitrator will be final and binding on User and Provider and may be reduced to a judgment in any court of equity in common law, given it has competent jurisdiction. This agreement to arbitrate survives any termination or expiration of the agreement.
  • GOVERNING LAW. This agreement shall be governed, construed, and interpreted in accordance with Natural Law. Where necessary, a court of common law is demanded as the choice of law. The principal situs of Provider shall serve as the location for the court. 
  • WAIVER OF CLASS ACTION CLAIMS. User understands and agrees that User will not have the right to participate in a representative capacity or as a member of any class of claimants pertaining to any claims that may arise under, or be in any way related to, this agreement. There is no right or authority for any claim User has against Provider to be brought on a class action basis or on any basis involving claims brought in a purported representative capacity on behalf of the general public, or on behalf of other persons or entities similarly situated. Claims brought against Provider may not be joined or consolidated with claims brought by anyone else. 
  • LIMITATIONS PERIOD. Any claim brought in arbitration must be brought within the time period set forth in any statute of limitations that, but for this agreement to arbitrate, would apply to the claims asserted in any arbitration proceeding. 
  • INJUNCTIVE RELIEF. Nothing in this agreement prevents Provider from applying to and obtaining from any court having jurisdiction a temporary injunction, preliminary injunction, permanent injunction, or other relief available to protect Provider’s rights prior to, during, or following any arbitration proceeding. 
  • FEES. User agrees that in the event of any arbitration or litigation, each Party will each bear its own costs and fees, regardless of who is deemed the prevailing party. The foregoing notwithstanding, if either User or Provider commences an action in a court of law or equity and the responding Party successfully moves such court to compel arbitration, the Party who moved for the order compelling arbitration shall be entitled to recover its reasonable costs and fees incurred on the motion to compel from the other Party.

15. AFFILIATE PROMOTION PRIZES
An affiliate who has driven a confirmed (100) unique buyers will be eligible for a special affiliate prize. The prize changes every year (i.e. 2020 = Dream House, 2021 = 2 Week Vacation, 2022 = Dream Car) and is subject to additional changes. Every prize has an allotment of up to $7,500 to pay for the rental, purchase or lease towards the prize. A buyer will only count towards the promotional goal after having purchased at least $300 in goods or services.

16. ENTIRE AGREEMENT 
This Agreement, along with Provider’s standard Terms and Conditions states the entire agreement between the Parties and supersedes any other written or oral agreement between the Parties as pertaining to User’s rights and responsibilities as a Provider Affiliate.

17. MODIFICATION/AMENDMENTS
This Agreement and Provider’s standard Terms and Conditions may be modified by Provider at any time, with or without prior notice to User. Amendments or Modifications to this Agreement or the Terms and Conditions will be binding on User when they are sent to User via email or are posted on this website. No amendment to this Agreement or the Terms and Conditions shall be valid unless authored or signed by Provider. User’s continued acceptance of Commission or Bonus payments constitutes User’s acceptance to any modifications or amendments to this Agreement.

18. NO WAIVER
No waiver by Provider of any right reserved or granted to Provider under this Agreement shall be effective unless the waiver is in writing and signed by an authorized representative of Provider.

19. NOTICE
Provider will send notices to User at the email address User gave to Provider. Any notices shall be deemed delivered to User when sent by Provider. User is solely responsible for addressing any technical failures related to User’s email address or server, and for reading any email sent to User. Provider may also provide notice to User by posting information on this website. Any notice required to be given to Provider under or related to this Agreement shall be in writing to Provider’s support email.

20. SEVERANCE
In the event any provision of this Agreement is inconsistent with or contrary to any applicable law, rule, or regulation, the provision shall be deemed to be modified to the extent required to comply with the law, rule, or regulation, and this Agreement and the Terms and Conditions, as so modified, shall continue in full force and effect.

21. SUPER AFFILIATES
A super affiliate is a joint promotional between an affiliate and Provider driving at least $100,000 in sales during the event, lasting a maximum of 30 days. Should the super affiliate reach this level, all default commission rates during the promotional period are retroactively increased to 50% (e.g. $99K in sales nets $29.7K, but $100K nets $50K) and will remain at such level for an additional (365) days thereafter. Super affiliates may not claim promotional prizes.

22. COPYRIGHT INFRINGEMENT
Affiliates may not copy or use any of Provider's materials (website, videos, graphics, etc.) to promote product without permission. All materials supplied inside the Affiliate Area may be used freely. Use of Provider materials will result in a DMCA and forfeiture of commissions.

23. AVAILABILITY OF FUNDS
Affiliates will have 365 days to deposit any checks, funds or savings until the funds are locked due to safety concerns. If an affiliate's funds are soon to lock, an email may be sent to Provider to extend the allotted time an additional 180 days. These funds are never revoked, but do require a written request for release. Further verification methods may be requested.

Logo
© PWA Inc. • All Rights Reserved