Affiliate Agreement

Secrets of Success

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Napoleon Hill

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Featured Author:

Napoleon Hill

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Affiliate Agreement

Secrets of Success may offer you an opportunity to become an independent Secrets of Success Affiliate (“Affiliate”), wherein you have the opportunity to earn additional money for Secrets of Success products, services and accounts that you sell. Secrets of Success reserves the sole and exclusive right to determine the amount of remuneration each Affiliate will receive in exchange for the Affiliate’s efforts. Affiliate commission is further discussed herein. See also the Secrets of Success Terms and Conditions, which apply to you in your role as Affiliate, unless otherwise expressly provided for.

This Affiliate Agreement (“Agreement”) governs Your application for, and any subsequent participation in, Secrets of Success’ Affiliate program. By clicking “Sign Up” or any other submittable button, You thereby accept the terms of this Agreement, You indicate that You have read and understood this Agreement, and agree that You are bound by its terms.

SECTION 1 - PARTIES All references to “Secrets of Success” herein means and refers to Secrets of Success LLC, an Idaho limited liability company. All references to “You” and “Your” mean and refer to the person or entity who has executed this Agreement. Secrets of Success and You are each referred to herein as a “Party,” and collectively as the “Parties.” You agree to notify us in writing if the legal name of your business or account ownership changes within twenty-four (24) hours of such change and You certify that all such information is truthful and accurate. Notice of such changes should be sent to [email protected].

SECTION 2 - APPLICATION You agree to provide all information requested by Secrets of Success in connection with Your Affiliate application and/or Your continued participation as a Secrets of Success Affiliate, and You affirm that all information that You provide is truthful, accurate, and complete (without omission). You understand and agree that Secrets of Success retains sole and exclusive discretion to determine whether You qualify for participation in Secrets of Success’ Affiliate program. Not everyone who applies for Secrets of Success’ Affiliate program will qualify to participate.

SECTION 3 - CONSENT TO BE CONTACTED You expressly consent to be contacted at the email address and the phone number You provide in Your application about Your application and the Affiliate program, including through automated dialing systems, texts and artificial or pre-recorded messages, whether by Secrets of Success or a third-party on behalf of Secrets of Success. This consent is a material condition of this Agreement and may not be revoked except in writing by both Parties. You understand and agree that the foregoing method is the only reasonable method of opting out. You further agree that any other method of opting-out is not a reasonable means of opting out.

SECTION 4 - COMPENSATION If Your application to become an Affiliate is approved by Secrets of Success, You will receive a unique Affiliate ID. The Affiliate ID will be incorporated within each URL which You will use to advertise Secrets of Success. You will have the opportunity to receive a commission for each sale (“Sale”) that is registered using Your Affiliate ID.

In the event that a prospect (“Prospect”) has multiple Affiliate cookies (“Cookies”), the most recently-acquired Cookie will determine which Affiliate is credited with a Sale. However, once a Sale has been associated with an Affiliate ID, that Sale cannot be attributed to another Affiliate ID for at least six (6) months from the date of the Sale. Secrets of Success shall have the sole and exclusive authority to deny and/or revoke a Commission or Commissions based on affiliate-hopping or other action that creates multiple commissions for one true transaction, which shall be determined at the sole discretion of Secrets of Success.

Provided that the Sold Account (as defined below) remains in good status for a consecutive forty-five (45) days from the Sale, You will be paid a commission for each Sold Account that generates a payment to Secrets of Success in a month (“Commission”). Except as otherwise provided herein, Commission payments will be paid on the 1st and 15th of each month following Secrets of Success’ receipt of payment for a Sold Account, subject to the other terms of this Agreement. In the event the 1st or 15th of each month falls on a holiday, Commission payments will be paid on the business day preceding the holiday. All Commission payments are based on the amount of fees received by Secrets of Success, less sales taxes.

Initial approval into the Secrets of Success’ Affiliate Program grants you access to promote Secrets of Success. This approval may be revoked, withdrawn, or terminated at any time in the sole discretion of Secrets of Success.

The amount of Commissions for promoting Secrets of Success products are as follows:

(i) First-Tier Affiliate: A 40% Commission on all Sales that are directly attached to your Affiliate ID, as set forth in this Agreement.

(ii) Second-Tier Affiliate: If another affiliate signs up to be a Secrets of Success affiliate using your sign-up link, then that affiliate will be a “Related Affiliate” for Your Affiliate account. When a Related Affiliate procures a Sale using their affiliate ID, you will receive a 10% Commission on such Related Affiliate’s Sale, subject to the same terms and conditions as if the Commission was earned by the Second-Tier Affiliate directly.

In no event shall one Sale result in Commissions for more than two affiliates. If any one person or entity is found to be operating multiple affiliate accounts, such person or entity will be immediately removed from the affiliate program, and will forfeit any and all Commissions gained as a result of such behavior.

All Commissions are paid in U.S. Dollars (USD) or otherwise in currencies offered by the payment provider. Some payment methods may incur processing fees that may be deducted from Your Commissions. Your combined Commissions must equal or exceed One Hundred and 00/100 Dollars ($100.00) (USD) before You receive a payment from Secrets of Success. If Your combined Commissions in a 120-day period do not exceed $100.00 (USD) Your Commissions will not be paid and will be forfeited by You to Secrets of Success without any further action being required.

Once a Commission of $100 (USD) or more is earned, You are required to register with our third-party payment provider to receive payment of Commissions. This means You are authorizing third party companies to contact You. Before You can be paid any Commissions, You must provide Secrets of Success a completed W-8 or W-9 tax form, as instructed by Secrets of Success, as well as any supporting documentation requested by Secrets of Success or its third-party payment provider. You will be deemed to have permanently waived and forfeited all rights to Commissions that were earned more than 120 days before submitting a completed W-8 or W-9 tax form or any ancillary supporting documentation that is requested to confirm the information on your tax form. If You are not a resident of the United States, Secrets of Success may withhold tax (including without limitation VAT) where required by applicable law. You are solely responsible for complying with all tax laws in Your respective jurisdiction(s) including, but not limited to, the payment of all required taxes, and filing of all returns and other required documents with, the applicable governing body(ies).

Affiliates will not be paid any Commissions for payments made on Affiliate’s own user account(s). Affiliates are not permitted to open a Secrets of Success account under the name of another person or entity, under a fictitious name, or under any name merely for the purpose of obtaining Commissions or any other compensation. Affiliates may not pay for another person’s or entity’s account. Affiliates are not permitted to offer cash rebates or other monetary incentives to obtain Sales. Furthermore, You are not permitted to have more than one (1) Secrets of Success Affiliate account (including all such business entities of Yours, subsidiaries, or other affiliated businesses of Yours). If You are found to have more than one (1) Secrets of Success Affiliate account, Your accounts will be terminated and all Commissions pending payout will be immediately forfeited by You to Secrets of Success.

Commissions are paid only for transactions that actually occur between Secrets of Success and a Sale and in which payment is received by Secrets of Success. If payment for a Sold Account later results in a refund or chargeback, and if a Commission was paid to You for that Sold Account payment, then the Commission will be deducted from Your future Commissions.

If Secrets of Success determines, in its sole and exclusive discretion, that any Sale was procured fraudulently or as a result of any violation of this Agreement or applicable law, no Commission will be earned by You or paid by Secrets of Success for such Sale and, for past sales, such payment amounts shall be deducted from Your future Commissions, and Secrets of Success may terminate this Agreement immediately, without notice, and without Secrets of Success having any liability to You.

SECTION 5 - TERM AND TERMINATION The term of this Agreement will begin the earlier of (i) when You click “I accept the Terms and Conditions” and submit; or (ii) Your participation in the Affiliate program is approved. Your participation in the Secrets of Success Affiliate program will continue month-to-month until terminated. If, in our sole discretion, You fail, or we suspect that You have failed, to comply with any term or provision of the Agreement or the Terms and Conditions, or violated any law, whether in connection with Your use of Secrets of Success or otherwise, Secrets of Success may take any action that it deems necessary, including without limitation to terminating the Agreement or suspending Your access to the Affiliate website (“Website”) at any time without notice to You. In addition, if, based on our data, you have a dispute rate greater than two percent (2%), we may terminate this Agreement or suspend your access to the Website at any time without notice to You. In such instances as described above, and in our sole discretion, we may terminate our relationship and suspend any accounts owned/controlled by You. For the avoidance of doubt, and without limitation for purposes of the foregoing, any violation of the required disclosure will be deemed a material breach of this Agreement. See Appendix A, Section 2, Disclosure. In the event this Agreement is canceled due to Your breach, You immediately forfeit all Commissions and any other payments owed to You or that may in the future be owed to You without any further liability by Secrets of Success to You. This Agreement will terminate automatically if You earn no (zero) Commissions over a 12 month period.

If this Agreement is terminated or canceled, then all provisions that, by their nature, should survive, will survive, including, but not necessarily limited to, all limitations of liability, disclaimers of warranties, indemnity obligations, mandatory arbitration and class action waiver provisions, and exceptions to arbitration. All representations and warranties undertaken by You shall also survive termination or cancellation of this Agreement and/or Your Secrets of Success account.

SECTION 6 - ADDITIONAL REPRESENTATIONS AND WARRANTIES In addition to Your other representations and warranties herein, You further represent and warrant that there are no prior or pending government investigations or inquiries of, or prosecutions against You by the Federal Trade Commission (“FTC”), any other federal or state governmental agency, or any industry regulatory authority, anywhere in the world, nor any prior or pending private lawsuits against You which relate to alleged intentional torts or alleged violation of any consumer protection or advertising laws. If You become the subject of such an investigation, inquiry, prosecution, or lawsuit any time after this Agreement is executed, You are required to notify Secrets of Success of the same within 24 hours. Secrets of Success, in its sole and exclusive discretion, may immediately terminate Your participation in Secrets of Success’ Affiliate program, as well as immediately terminate this Agreement, based on any investigation, proceeding, or lawsuit identified pursuant to this paragraph.

SECTION 7 - ENTIRE AGREEMENT This Agreement, Appendix A below, along with Secrets of Success’ standard Terms and Conditions, represents the entire agreement between the Parties and supersedes any other written or oral agreement between the Parties as pertaining to Your Affiliate application and, if approved, Your rights and responsibilities as an Affiliate. In the event of a direct conflict between the Terms and Conditions and this Agreement, this Agreement shall govern.


Appendix A

Additional Terms of the Affiliate Agreement and Advertising Rules

These Advertising Rules apply to all activities of Affiliate:

1. General Compliance. Affiliate shall publish or otherwise distribute advertisements in strict compliance with all applicable laws and regulations, including without limitation, laws prohibiting deceptive and misleading advertising and marketing, email marketing laws (including the federal CAN-SPAM Act (15 U.S.C. § 7701)), data protection laws (including but not limited to the European Union General Data Protection Regulation, U.K. Data Protection Act, California Consumer Privacy Act, California Privacy Rights Act, and Brazilian General Data Protection Regulation), laws governing testimonials (including the FTC’s Revised Endorsements and Testimonials Guides (16 CFR Part 255 of the Code of Federal Regulations)), and all guidelines issued by the FTC. Affiliate is solely responsible for ensuring Affiliate’s compliance with all laws. Affiliates are strictly prohibited from making claims concerning the products and services offered by Secrets of Success that are inconsistent with, or beyond the scope of marketing materials produced and made available by Secrets of Success on Secrets of Success website. Affiliate is prohibited from publishing or otherwise distributing advertisements by telemarketing, fax, or text messaging in any form to any device. Affiliate shall not offer monetary incentives, such as rewards points, cash, or prizes to Prospects in return for their response to an advertisement. Affiliate may, however, offer Prospects information and materials of tangible value including, but not limited to, website templates, information about e-commerce, website design, and online marketing, for reduced or no charge, but only so long as Affiliate accurately describes and delivers such information and materials to the Prospect. Secrets of Success retains the sole and exclusive discretion to determine whether Affiliate’s advertising and conduct is in compliance with all laws (but Secrets of Success shall not be required to advise Affiliates on such matters).

2. Disclosure. On any website that Affiliate advertises any Secrets of Success service or product, Affiliate must plainly display (i.e., not in a link, or in small font) disclaimer language, such as:

Disclosure: I am an independent Secrets of Success Affiliate, not an employee. I may receive referral payments from Secrets of Success. The opinions expressed here are my own and are not official statements of Secrets of Success.

3. Non-Disparagement. Affiliate is not permitted to comment negatively about or disparage the products, affiliates, or services of Secrets of Success or any other person or entity, including without limitation the products or services of a Secrets of Success competitor. Affiliate is not permitted to engage in any unlawful or deceptive actions with respect to search engine optimization, including, but not limited to, using any technique that generates paid search results based on any trademarks of Secrets of Success, any brand name of Secrets of Success, or based on the trademarks or brand name of any competitor of Secrets of Success, or any other third party. Affiliate shall not direct link to a Secrets of Success’ sales page from any paid advertising.

4. Social Media. If Affiliate advertises on social media, then each post must comply with all of the following:

  • ​Each post must contain @SecretsofSuccess or #SecretsofSuccess.
  • ​Each post must contain #ad in a clear and conspicuous location before the text of the description and in all events before the “More” button.
  • ​Each Facebook or Instagram post must use the platform’s “Paid Partnership” tool.
  • ​Each YouTube post must contain the word “Ad,” “Advertisement,” “Promotion,” or “Paid Partnership” within the video itself in a font size that is clearly recognizable to the viewer and which appears persistently throughout the length of the video in the top right hand portion of the video.

If Affiliate is advertising on other forms of written social media (e.g., Facebook, Twitter), Affiliate must comply with the above disclosure restrictions as applicable to each form of social media. Affiliate must also comply with all rules of each social media platform that Affiliate uses.

5. Income and Business Opportunity Claims. Affiliates are expressly prohibited from making any claims that use of, or joining the affiliate program of, Secrets of Success will guarantee that the individual will make money. If Affiliate’s recruiting efforts include claims related to income Affiliate has made from using Secrets of Success or as an Affiliate, the following guidelines must be adhered to:

(a) Affiliate’s statements must be completely true and accurate and supported by evidence of Affiliate’s experience; and

(b) Affiliate’s statements must be accompanied by the following disclaimer in clear and conspicuous font and placement: “These were my results. Your results will vary based on a variety of factors including Your education, effort, and market factors. There is no guarantee You will make any money.”

Affiliate is also expressly prohibited from making any express or implied claims that Secrets of Success is or provides a business opportunity, franchise opportunity, a “business-in-a-box,” or an assisted marketing plan.

6. Secrets of Success’ Trademarks. No logo, tagline, trademark, trade name, or trade dress (collectively, the “Secrets of Success Trademarks”) owned by Secrets of Success may be used, copied, or reproduced by any Affiliate except as set forth below. No Secrets of Success intellectual property (or any mark confusingly similar to any Secrets of Success intellectual property) is to be registered as a trademark in any country or registered as a domain name by Affiliate in any way in any country.

Subject to the restrictions below, approved Affiliates are granted a limited, revocable, non-transferrable, and non-assignable license to use the “Secrets of Success” trademark, Registration No. 3214425, to advertise Secrets of Success online. Any time Affiliate uses the word “Secrets of Success” it must be immediately followed by “®”. Affiliate may not use “Secrets of Success” or other Secrets of Success’ trademarks as part of any URL, domain or website name.

Secrets of Success retains exclusive ownership of all Secrets of Success’ Trademarks and other intellectual property and all of its rights therein. Affiliate shall not promote or provide services to any other business or person that is infringing any of Secrets of Success’ intellectual property.

7. Complaint Notification. Affiliate must notify Company of any complaint received by Affiliate regarding any advertisements within twenty-four (24) hours of receiving such complaint. Notice should be sent to [email protected].

8. Independent Contractor. Affiliates are independent contractors of Secrets of Success. It is the express understanding and intention of the Parties that no relationship of master and servant nor principal and agent shall exist between Secrets of Success and You by virtue of this Agreement. You have no right to act on behalf of or bind Secrets of Success in any way, nor share in the profits or losses of Secrets of Success. The only compensation available to You is set forth in this Agreement. You are solely and exclusively responsible and liable for all of Your acts or omissions.

9. NO WARRANTY; NO LEADS. Secrets of Success does not promise, guarantee or warrant Your business success, income, or sales. You understand and acknowledge that Secrets of Success will not at any time provide sales leads or referrals to You. You understand and agree further that this is not a business opportunity, a franchise opportunity, a “business-in-a-box,” or an assisted marketing plan. You are responsible for procuring and paying for any and all materials and resources necessary to operate as an Affiliate as You determine in Your sole discretion.

10. LIMITATION OF LIABILITY. EXCEPT WHERE OTHERWISE INAPPLICABLE OR PROHIBITED BY LAW, IN NO EVENT SHALL SECRETS OF SUCCESS OR ANY OF ITS OFFICERS, MEMBERS, EMPLOYEES, INDEPENDENT CONTRACTORS, REPRESENTATIVES, AND/OR AGENTS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL, PUNITIVE, OR ANY OTHER DAMAGES, FEES, COSTS OR CLAIMS ARISING FROM OR RELATED TO THIS AGREEMENT, THE PRIVACY POLICY, THE SERVICES OR PRODUCTS, YOUR OR A THIRD PARTY’S USE OR ATTEMPTED USE OF THE WEBSITE OR ANY SOFTWARE, SERVICE, OR PRODUCT, REGARDLESS OF WHETHER SECRETS OF SUCCESS HAS HAD NOTICE OF THE POSSIBILITY OF SUCH DAMAGES, FEES, COSTS, OR CLAIMS. THIS INCLUDES, WITHOUT LIMITATION, ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR PRODUCTS, OR ANY OTHER INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, OR OTHER DAMAGES. THIS APPLIES REGARDLESS OF THE MANNER IN WHICH DAMAGES ARE ALLEGEDLY CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), WARRANTY, OR OTHERWISE.

IN NO EVENT SHALL SECRETS OF SUCCESS’ LIABILITY TO YOU OR YOUR BUSINESS EXCEED THE AMOUNT OF THREE (3) TIMES THE PAYMENTS PAID BY YOU TO SECRETS OF SUCCESS FOR THE MONTH PRECEDING THE DATE IN WHICH THE FACTS GIVING RISE TO A CLAIM AGAINST SECRETS OF SUCCESS OCCURRED OR TWO-THOUSAND DOLLARS ($2,000), WHICHEVER IS GREATER.

11. DISPUTE RESOLUTION BY MANDATORY BINDING ARBITRATION, CLASS ACTION WAIVER, & GOVERNING LAW.
As explained in Secrets of Success’ Terms and Conditions, any controversy or claim arising out of or related to this Agreement or Your relationship with us that cannot be resolved through negotiation within 120 days shall be resolved by binding, confidential arbitration administered by the American Arbitration Association (“AAA”), and judgment on the award rendered may be entered in any court having jurisdiction thereof. The sections of the Terms and Conditions entitled “DISPUTE RESOLUTION BY MANDATORY BINDING ARBITRATION AND CLASS ACTION WAIVER,” “SECRETS OF SUCCESS’ ADDITIONAL REMEDIES,” and “GOVERNING LAW AND VENUE” are expressly incorporated herein by reference. Please review the Terms and Conditions for more information.

12. Indemnity. You agree to protect, defend, indemnify and hold harmless Secrets of Success, its officers, members, employees, owner(s), and representatives and assigns from and against all claims, demands, and causes of action of every kind and character without limitation arising out of Your conduct, acts, or omissions related to Your application and/or performance of this Agreement including, but not limited to, any breach of this Agreement. Your indemnity obligation includes, but is not limited to, any third party claim against Secrets of Success for liability or payments for damages caused by, or other liability relating to, You. This provision expressly survives the termination of this Agreement. In the event Your affiliate activities leads to or contributes to any governmental investigation into Secrets of Success, and/or its owners, affiliates, members, and employees, You shall bear full responsibility of any such costs, fees, or award that are imposed or incurred by Secrets of Success, and its affiliates, members, employees, or representatives, as a result of such activities.

13. Severability. 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.

14. Modification/Amendments. This Agreement and Secrets of Success’ standard Terms and Conditions may be modified by Secrets of Success at any time, with or without prior notice to You. Amendments or modifications to this Agreement or the Terms and Conditions will be binding on You when they are sent to You via email, are posted on the www.secretsofsuccess.com webpage, or are posted in an affiliate center. No amendment to this Agreement or the Terms and Conditions shall be valid unless prepared or signed by Secrets of Success. Your continued acceptance of Commission payments and/or promotion of Secrets of Success constitutes Your acceptance to any modifications or amendments to this Agreement and the Terms and Conditions.

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