Affiliate Agreement with Impactive Strategies
This agreement is by and between Impactive Strategies and/or their assigns and all subscribers. Unless the context requires otherwise, Impactive Strategies and/or their assigns shall be referred to as “us, we, or our” and you shall be referred to as “you, your, affiliate or subscriber.” By becoming an affiliate with Impactive Strategies you agree to the following Terms of Service. Throughout this agreement, “affiliate program” refers to the affiliate program operated by Impactive Strategies.
NOTICE: Please read this agreement carefully. Unless you expressly agree and consent to this agreement, you may NOT participate in the affiliate program. By participating in the affiliate program, you are agreeing to comply with and be legally bound by the terms and conditions of this contract.
You understand that Impactive Strategies and/or their assigns does not guarantee or predict any type of profit or response from this affiliate relationship. Subscriber agrees to Impactive Strategies harmless from and against any and all losses, claims, expenses, suits, damages, costs, demands or liabilities, joint or several, of whatever kind or nature which Impactive Strategies and/or their assigns may become subject arising out of or relating in any way to the use of the services provided under this agreement, including, without limitation, in each case attorneys’ fees, costs and expenses actually incurred in defending against or enforcing any such losses, claims, expenses, suits, damages or liabilities.
As an affiliate, you are an independent contractor of Impactive Strategies; NOT an employee. No part of this arrangement creates an employer/employee relationship.
SERVICES TO BE PROVIDED
We agree to host and promote the program as described, and to pay you 30% of sales made to customers you referred via your affiliate ID link.
All commissions are calculated based on gross sales. All commissions are paid in US Dollars by PayPal or check. Commissions are not paid for online transactions that are not completed, or for which payment is not received, or for any transaction that has been rejected for any reason. Commissions are not paid for sales that are returned or charged back. If a commission has already been paid, it will be deducted from an active affiliate’s future commissions.
We are not responsible for paying interest to affiliates for accrued but not yet delivered commission payments.
If you later terminate your paypal account or the account becomes unavailable for any reason, Impactive Strategies, LLC is not responsible for your not receiving the money. Each affiliate is responsible for always maintaining the payment processor through which they receive their commissions/referral fees OR selecting an alternate method of payment supported by Impactive Strategies, LLC. This election is entirely made by the affiliate and the we assume no responsibility for non-receipt of payments made according to the payment processor elected by the affiliate, or the affiliate’s lack of ability to then conform to the payment processors or processes supported by the the us. We assume no responsibility for an affiliate not electing a payment processor. If you fail to elect a payment processor, any sums due will be paid via check and any fees applicable to payments by check or bank draft will be deducted.
PAYMENT PROCESSOR FEES
All commissions are calculated based on the net transaction. In other words, all payment processor fees are first deducted from the sums collected from the customer. Then, all payment processor fees are deducted. The remaining amount is a commissionable sale. The commission rate listed on the website is then applied to determine the amount due the affiliate. Any sums paid for payment processor fees are not commissionable. We may also charge a per transaction fee for every transaction processed. In the event that a per transaction fee is applied, the amount of the fee can be seen on the website. Any such fee is not commissionable and is also deducted from the sums paid by the customer, prior to the calculation of any commission.
Commissions are paid once per month, on the last day of the month, for sales made during the prior month. For example, sales made March 1 – March 31 will be paid on April 30.
AFFILIATE SALES & TRACKING
After joining the affiliate program, you will receive a unique affiliate URL which you will use to advertise Impactive Strategies’s goods and services. When someone clicks through this URL, a cookie will be set in their browser with your affiliate ID. Their IP address may also be logged with your affiliate ID. During that visit to the website or any later visit, when a purchase is made the commission will be given based on the existence of the cookie.
In order to receive proper credit for sales, a person or entity must purchase through your unique affiliate URL. If you choose to “mask” or “cloak” the link, you must provide a repeatable process for our verification, otherwise the use of the masked or cloaked link is disallowed.
SPAM & UNSOLICITED COMMERCIAL EMAIL (UCE)
We do not tolerate the sending of unsolicited bulk emails (UCE or SPAM) which promote, or make reference to Impactive Strategies. Any affiliate violating this rule will have their affiliate status canceled and any outstanding commissions will be forfeited.
INCOME TAX LIABILITIES
Each affiliate acts as an independent contractor and as such is responsible for any or all United States, state, or foreign income taxes and any other tax liabilities that affect or concern the sales of the products or services, in your state or location.
EMBARGOED NATIONS & SPECIALLY DESIGNATED NATIONALS
The United States controls the export of products and information. You agrees to comply with such restrictions and to not export or re-export the materials (including software) to countries or persons prohibited under the export control laws. By becoming an affiliate, you are agreeing that you are not in a country where such export is prohibited or are not a person or entity to which export is prohibited. You are responsible for compliance with the laws of your local jurisdiction with regard to the import, export, or re-export of the materials (including software).
You are responsible for compliance with all applicable U.S. laws and regulations, including but not limited to, those laws pertaining to export control. By registering as an affiliate, you warrant that you are not a citizen or resident of a country designated as having Embargoed Nation Status and further, you also warrant that you are not on the list of Specially Designated Nationals or Blocked Persons maintained by the U.S. Treasury Department. The products and/or services are exported from the United States in accordance with the Export Administration Regulations. Diversion to other countries is contrary to U.S. law and is prohibited.
In compliance with the United States Patriot Act, only those who have provided appropriate identification information and do not reside within an embargoed nation and who are not listed on the Specially Designated Nationals list may receive commission checks paid by either the Program Operator.
You agree: (1) to use our system in a manner that is ethical and in conformity with community standards; (2) to respect the privacy of other users (you shall not intentionally seek data or passwords belonging to other users, nor will you modify files or represent yourself as another user unless explicitly authorized to do so by that user); (3) to respect the legal protection provided by copyright law, trade secret law, or other laws protecting intellectual property. 4) to accept commercial emails from us.
We may terminate your account:
(a) if you violate our Terms Of Service Policy; (b) Impactive Strategies in a manner that is unethical or inappropriate; or (c) for any reason, in our sole discretion.
If we learn of a violation or likely violation of our TERMS OF SERVICE, we will attempt to notify you. If you do not take immediate remedial action which is satisfactory to us, or in the event of a serious violation of the TERMS OF SERVICE, we reserve the right to terminate your account immediately. Every effort will be made to inform you prior to account termination, and to re-establish your account upon receiving such representations from you as we deem appropriate in the circumstances.
YOUR SERVICE WILL BE TERMINATED IMMEDIATELY AND WITHOUT WARNING SHOULD YOU USE OUR SYSTEM AS PART OF ANY UNSOLICITED BULK EMAIL CAMPAIGN. You may also be subject to fines and legal actions as a result of your bulk email promotion.
WE MAKE NO WARRANTIES TO YOU OF ANY KIND, EXPRESSED OR IMPLIED, WITH RESPECT TO THE SERVICE IMPACTIVE STRATEGIES, LLC, OR ITS SUBCONTRACTORS AND AFFILIATES PROVIDE YOU. WE EXPRESSLY DISCLAIM ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS OF THIS SERVICE FOR A PARTICULAR PURPOSE. We shall not be liable for any damages suffered by you, whether indirect, special, incidental, exemplary, or consequential, including, by not limited to, loss of data or service interruptions, regardless of cause or fault. We are not responsible for your lost profits or for your loss of data or information.
This agreement is personal to you. You may not assign your rights under this agreement without our prior written consent. If you do assign your rights, as would be the case were someone other than you to use your account, you shall remain liable to us for any fees due under this agreement. We may assign this agreement at any time.
CHANGE OF TERMS AND CONDITIONS
We reserve the right to change the terms and conditions of this agreement as needed. If you do not agree to the new terms and conditions, you may terminate this agreement in accordance with this agreement.
NOTIFICATION OF ACCOUNT CHANGES
You agree to notify us if your address, email address, telephone number, billing information changes. You agree to provide us with such other information relating to your use of this service as we deem necessary or desirable.
All notices, requests, demands, and other communications under this agreement shall be in writing and shall be deemed to have been given on the date of delivery: if delivered personally to the party to whom notice is to be given; if sent by electronic mail with a cc: to sender; if sent by fax; or on the third day after mailing by first class mail.
The subject headings of the articles and sections are for convenience only, and shall not affect the construction or interpretation of any of its provisions. If any portion of this agreement is found invalid or unenforceable, that portion shall be severed and the remainder of this agreement shall remain in force. This agreement constitutes the entire agreement between us pertaining to its subject matter and supersedes all of our prior agreements, representations, and understandings. No waiver of any of the provisions of this agreement shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by the party making the waiver. The term of this Agreement shall be one (1) year from the effective date of this Agreement. Upon expiration, this Agreement may be renewed upon mutual agreement for additional one-year terms. This Agreement is governed by the laws of the State of Ohio.