Referral Partner Agreement
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The Priestess Presence Referral Partner (Affiliate) Agreement
The following are the terms and conditions of participating in Priestess Presence Affiliate Program. “Affiliate” or “you” refers to yourself, and “Priestess Presence ” refers to The Priestess Presence, LLC
All Affiliate applications are subject to approval by Priestess Presence
1. Definitions
“Referral Partner” and “Affiliate” are equivalent and interchangeable terms to describe you and your relationship with Priestess Presence. In addition, “Affiliate Link” and “Referral Partner Link” and “Referral Partner Redirect” are interchangeable terms to describe a unique URL designated by Priestess Presence which allows Priestess Presence to identify visitors from your web site as originating from you.
“Expenses” means advertising fees, taxes paid by customers, withholding taxes, discounts, bad debts and other write-offs, a reserve for returns, refunds, and currency exchange fees, if any.
“Product” refers to Priestess Presence products, which will include virtual courses, membership programs, and related products that will be more fully described at PriestessPresence.com
Note: Priestess Presence reserves the right to exclude certain categories of Products and/or specific Products from inclusion in the Affiliate Program at its sole discretion.
“Buyer” means an individual or entity that purchases the Product.
2. Payments and Commissions
Priestess Presence will pay Affiliate a commission of between 10% and 60% of the total amount collected by Priestess Presence , less Expenses, for each referred sale of the Product which is identified by a visitor from Affiliate’s web site using its unique Affiliate Link (“Commission”).
Not all Products sold by Priestess Presence qualify for affiliate commission earnings. Specific Product commission percentages are determined by Priestess Presence and are published and shared with the Affiliate via email notifications of the offer(s) and/or through the Priestess Presence Affiliate Portal. Only purchases made within 30 days of the referral date qualify for commissions due to Affiliate.
All Affiliates must have a valid Internal Revenue Service issued Tax ID number/SSN on file with Priestess Presence in order to release any commission payment. Any Affiliate exempt from filing a United States tax return may provide that information in lieu of a Tax ID number.
All Affiliate Commission payments shall be paid via PayPal using the PayPal associated email address specified by the Affiliate for this purpose, or as otherwise directed in writing.
All Commissions earned during a monthly period will be paid out on approximately the last day of the month, two (2) months following the month in which the commissions were earned. For example commissions earned in the month of January will be issued in March. Priestess Presence reserves the right to delay issuance of Commission payments until the balance owed Affiliate reaches $100.00. Although the Affiliate Program is not limited to the United States, all payments will be made in U.S. dollars.
If a qualifying sale is canceled or refunded, the related Commission will be deducted from the next monthly payment. Affiliate will not be paid for its own orders of the Product.
3. Affiliate Link
You will be issued an “Affiliate Code,” exclusive and unique to your Affiliate Account, that will be contained within an “Affiliate Link” or unique URL, for each unique Product produced by Priestess Presence which allows Priestess Presence to identify visitors from your site as originating from you. These visitors are tracked with this unique URL, and sales are recorded with your Affiliate Id. To receive Commissions, you must use the provided Affiliate Link for the Product.
The Affiliate Link URL may be contained within various forms such as a banner, image, or hyperlinked text. Any manipulation or alteration of an Affiliate Link URL is explicitly not allowed. Any collection of leads or sale of goods utilizing Priestess Presence trademarks, trademarked materials, advertising materials, references to past, present, or future events, other than by presenting an Affiliate Link in one of its allowed forms is explicity not allowed.
Priestess Presence honors the most recent Affiliate’s Affiliate Id as primary and thereby due to earn the commission for qualifying Product purchased for a period of 30 days from the association of a contact with any Affiliate.
Affiliate is solely responsible for ensuring that its Affiliate Link is set up properly to qualify for Commissions.
Priestess Presence reserves all rights in and to Priestess Presence name and all related trademarks, trade names, logos, taglines, slogans and similar identifying marks (collectively, the “Trademarks”). Priestess Presence grants to Affiliate a nonexclusive right to display the Trademarks on Affiliate’s web site and in email in connection with the Affiliate Link.
4. Confidential Information
“Confidential Information” shall include any information, whether oral, written or observed, regarding the terms of this Agreement or sales of the Product. All Confidential Information shall remain the exclusive property of Priestess Presence and shall be immediately returned to Priestess Presence upon request, together with all copies thereof. Affiliate shall hold Confidential Information in trust and confidence for Priestess Presence and shall not disclose such Confidential Information or use it for any purpose other than to perform as required by this Agreement. Affiliate may not disclose Confidential Information to employees or third parties unless it is necessary for such employees or third parties to know such Confidential Information in order for Affiliate to perform its obligations and duties pursuant to this Agreement.
5. Sending Unsolicited Email or Spam
Affiliate agrees to not send unsolicited mail or SPAM mail to promote any of Priestess Presence products or services. This action WILL RESULT in immediate termination of your account with a cancellation of any pending Commissions. Affiliate will also be in violation of the The Priestess Presence Affiliate Agreement and subject to legal action
6. Prohibited Sites
Web sites that promote sexually explicit material or violence are not eligible to be Affiliates. Sites that promote discrimination based on race, sex, sexual orientation, religion, national origin, or physical disability shall not be accepted. Web sites that promote illegal activities shall not be accepted. Do not apply if your web site promotes these kinds of activities. By applying, you are stating that your web site does not directly promote or endorse such activities.
7. Term of Agreement and Active Status
This agreement remains in affect until terminated by either party.
Within twenty-four (24) hours after termination (whether by Affiliate or Priestess Presence, Affiliate must remove all references to the Affiliate Link from Affiliate’s web site and email lists.
Commissions by Affiliate earned through the date of termination of this agreement will remain payable only if the qualifying sales are not canceled or refunded by the Buyers referred by Affiliate. Payment of the final Commission payment to Affiliate will be paid after the end of the current calendar quarter. The provisions of section 1, the last paragraph of section 3, and sections 4, 5, 7, 8, 11 and 12 shall survive termination of this Agreement.
Affiliate must maintain a marketable email address in our database. Failure to maintain a marketable email address either due to opt out, spam complaint, hard bounce or any other mechanism which results in Priestess Presence being unable to communicate with Affiliate via broadcast, may result in removal from the Commission Program at the sole discretion of Priestess Presence
In order to maintain an “Active” status, and thereby earn commissions on promotions, Affiliate must produce a minimum of 50 leads per calendar year. Failure to do so may result in the Affiliate’s removal from the program at the sole discretion of Priestess Presence
8. Disclaimer
Priestess Presence will make every reasonable effort to track and pay
Commissions for all sales that apply to Affiliate. However, Priestess Presence is not responsible for technical problems, acts by third parties, or other events outside our reasonable control which may temporarily disrupt or diminish this service.
Priestess Presence expressly disclaims any and all warranties, express, implied or statutory, and any and all warranties of merchantability, non-infringement or fitness for a particular purpose with respect to the Product. The warranties, if any, with respect to the Product will run directly from Company to Buyers.
9. Privacy
To protect Priestess Presence customer privacy, we cannot provide identifying Buyer names and contact information to you. However, we will provide an online report detailing price, service, date of sale, and certain other data for your records.
10. Independent Businesses
The relationship between Priestess Presence and Affiliate established by this Agreement is that of independent businesses in a contract, and nothing in this Agreement creates any partnership, joint venture, agency, franchise, sales representative or employment relationship between Affiliate and Priestess Presence. Priestess Presence and Affiliate shall each conduct its respective business at its own initiative, responsibility and expense, and shall have no authority to incur any obligations on behalf of the other, except as otherwise provided herein.
The term “Affiliate” shall not be interpreted as a legal partner or affiliate, simply as an independent business doing marketing for Priestess Presence under this agreement. Affiliates are NOT employees of Priestess Presence, and are responsible for their own local, state, or country taxes. Affiliate understands that Affiliate does not have authority to make or accept any offers or make any representations on behalf of Priestess Presence . Affiliate shall not misrepresent Priestess Presence products or services
.
11. Limitation of Liability
Priestess Presence shall not be held liable for any indirect, incidental, special or consequential damages or any loss of revenue or profits arising under or with respect to this agreement or program, even if Priestess Presence has been advised of the possibility of such damages. Priestess Presence aggregate liability arising under or with respect to this agreement or the program shall in no event exceed the total Commissions paid or payable by Priestess Presence to Affiliate under this agreement. In no event shall Priestess Presence be liable to any party for costs of procurement of substitute goods, lost profits or any other special, consequential, incidental, or indirect damages, losses, costs or expenses of any kind, however caused, and whether based in contract, tort (including negligence), or any other theory of liability regardless of whether Priestess Presence has been advised of the possibility of such damages, losses, costs or expenses.
Affiliate understands that Affiliate tracking can never be 100% accurate and Priestess Presence is not responsible for inaccuracies that might occur. Tracking of Affiliate sales depend on several factors which are out of the control of Priestess Presence It is the goal of Priestess Presence to make Affiliate tracking as accurate as possible; however, Priestess Presence cannot guarantee 100% tracking for situations beyond its control.
12. Miscellaneous
This agreement shall be governed by the laws of the State of California and the United States, without regard to conflict of law principles. All disputes arising out of or related to this Agreement shall be subject to the exclusive jurisdiction and venue of the state and federal courts located in San Francisco, California, and the parties consent to the personal and exclusive jurisdiction of these courts.
This is the entire Agreement between Affiliate and Priestess Presence with respect to the subject matter hereof. At the sole discretion of Priestess Presence, this Agreement may be altered or updated with or without notification. If an altered or updated clause is in conflict with previous wording, the most recent version applies. Current Agreement inclusions are applicable to all active Affiliates regardless of the date Affiliate enrolled in the program.
Affiliate may not assign this Agreement, by operation or law or otherwise, without Priestess Presence prior written consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of and be enforceable against the parties and their respective successors and assigns. Priestess Presence failure to enforce Affiliate’s strict performance of any provision of this Agreement will not constitute a waiver of Priestess Presence right to subsequently enforce that provision, or any other provisions of this Agreement. No waiver of any provision hereof will be effective unless in writing and signed by the party against whom such waiver is sought to be enforced.
All Affiliate applications are subject to approval by Priestess Presence
1. Definitions
“Referral Partner” and “Affiliate” are equivalent and interchangeable terms to describe you and your relationship with Priestess Presence. In addition, “Affiliate Link” and “Referral Partner Link” and “Referral Partner Redirect” are interchangeable terms to describe a unique URL designated by Priestess Presence which allows Priestess Presence to identify visitors from your web site as originating from you.
“Expenses” means advertising fees, taxes paid by customers, withholding taxes, discounts, bad debts and other write-offs, a reserve for returns, refunds, and currency exchange fees, if any.
“Product” refers to Priestess Presence products, which will include virtual courses, membership programs, and related products that will be more fully described at PriestessPresence.com
Note: Priestess Presence reserves the right to exclude certain categories of Products and/or specific Products from inclusion in the Affiliate Program at its sole discretion.
“Buyer” means an individual or entity that purchases the Product.
2. Payments and Commissions
Priestess Presence will pay Affiliate a commission of between 10% and 60% of the total amount collected by Priestess Presence , less Expenses, for each referred sale of the Product which is identified by a visitor from Affiliate’s web site using its unique Affiliate Link (“Commission”).
Not all Products sold by Priestess Presence qualify for affiliate commission earnings. Specific Product commission percentages are determined by Priestess Presence and are published and shared with the Affiliate via email notifications of the offer(s) and/or through the Priestess Presence Affiliate Portal. Only purchases made within 30 days of the referral date qualify for commissions due to Affiliate.
All Affiliates must have a valid Internal Revenue Service issued Tax ID number/SSN on file with Priestess Presence in order to release any commission payment. Any Affiliate exempt from filing a United States tax return may provide that information in lieu of a Tax ID number.
All Affiliate Commission payments shall be paid via PayPal using the PayPal associated email address specified by the Affiliate for this purpose, or as otherwise directed in writing.
All Commissions earned during a monthly period will be paid out on approximately the last day of the month, two (2) months following the month in which the commissions were earned. For example commissions earned in the month of January will be issued in March. Priestess Presence reserves the right to delay issuance of Commission payments until the balance owed Affiliate reaches $100.00. Although the Affiliate Program is not limited to the United States, all payments will be made in U.S. dollars.
If a qualifying sale is canceled or refunded, the related Commission will be deducted from the next monthly payment. Affiliate will not be paid for its own orders of the Product.
3. Affiliate Link
You will be issued an “Affiliate Code,” exclusive and unique to your Affiliate Account, that will be contained within an “Affiliate Link” or unique URL, for each unique Product produced by Priestess Presence which allows Priestess Presence to identify visitors from your site as originating from you. These visitors are tracked with this unique URL, and sales are recorded with your Affiliate Id. To receive Commissions, you must use the provided Affiliate Link for the Product.
The Affiliate Link URL may be contained within various forms such as a banner, image, or hyperlinked text. Any manipulation or alteration of an Affiliate Link URL is explicitly not allowed. Any collection of leads or sale of goods utilizing Priestess Presence trademarks, trademarked materials, advertising materials, references to past, present, or future events, other than by presenting an Affiliate Link in one of its allowed forms is explicity not allowed.
Priestess Presence honors the most recent Affiliate’s Affiliate Id as primary and thereby due to earn the commission for qualifying Product purchased for a period of 30 days from the association of a contact with any Affiliate.
Affiliate is solely responsible for ensuring that its Affiliate Link is set up properly to qualify for Commissions.
Priestess Presence reserves all rights in and to Priestess Presence name and all related trademarks, trade names, logos, taglines, slogans and similar identifying marks (collectively, the “Trademarks”). Priestess Presence grants to Affiliate a nonexclusive right to display the Trademarks on Affiliate’s web site and in email in connection with the Affiliate Link.
4. Confidential Information
“Confidential Information” shall include any information, whether oral, written or observed, regarding the terms of this Agreement or sales of the Product. All Confidential Information shall remain the exclusive property of Priestess Presence and shall be immediately returned to Priestess Presence upon request, together with all copies thereof. Affiliate shall hold Confidential Information in trust and confidence for Priestess Presence and shall not disclose such Confidential Information or use it for any purpose other than to perform as required by this Agreement. Affiliate may not disclose Confidential Information to employees or third parties unless it is necessary for such employees or third parties to know such Confidential Information in order for Affiliate to perform its obligations and duties pursuant to this Agreement.
5. Sending Unsolicited Email or Spam
Affiliate agrees to not send unsolicited mail or SPAM mail to promote any of Priestess Presence products or services. This action WILL RESULT in immediate termination of your account with a cancellation of any pending Commissions. Affiliate will also be in violation of the The Priestess Presence Affiliate Agreement and subject to legal action
6. Prohibited Sites
Web sites that promote sexually explicit material or violence are not eligible to be Affiliates. Sites that promote discrimination based on race, sex, sexual orientation, religion, national origin, or physical disability shall not be accepted. Web sites that promote illegal activities shall not be accepted. Do not apply if your web site promotes these kinds of activities. By applying, you are stating that your web site does not directly promote or endorse such activities.
7. Term of Agreement and Active Status
This agreement remains in affect until terminated by either party.
Within twenty-four (24) hours after termination (whether by Affiliate or Priestess Presence, Affiliate must remove all references to the Affiliate Link from Affiliate’s web site and email lists.
Commissions by Affiliate earned through the date of termination of this agreement will remain payable only if the qualifying sales are not canceled or refunded by the Buyers referred by Affiliate. Payment of the final Commission payment to Affiliate will be paid after the end of the current calendar quarter. The provisions of section 1, the last paragraph of section 3, and sections 4, 5, 7, 8, 11 and 12 shall survive termination of this Agreement.
Affiliate must maintain a marketable email address in our database. Failure to maintain a marketable email address either due to opt out, spam complaint, hard bounce or any other mechanism which results in Priestess Presence being unable to communicate with Affiliate via broadcast, may result in removal from the Commission Program at the sole discretion of Priestess Presence
In order to maintain an “Active” status, and thereby earn commissions on promotions, Affiliate must produce a minimum of 50 leads per calendar year. Failure to do so may result in the Affiliate’s removal from the program at the sole discretion of Priestess Presence
8. Disclaimer
Priestess Presence will make every reasonable effort to track and pay
Commissions for all sales that apply to Affiliate. However, Priestess Presence is not responsible for technical problems, acts by third parties, or other events outside our reasonable control which may temporarily disrupt or diminish this service.
Priestess Presence expressly disclaims any and all warranties, express, implied or statutory, and any and all warranties of merchantability, non-infringement or fitness for a particular purpose with respect to the Product. The warranties, if any, with respect to the Product will run directly from Company to Buyers.
9. Privacy
To protect Priestess Presence customer privacy, we cannot provide identifying Buyer names and contact information to you. However, we will provide an online report detailing price, service, date of sale, and certain other data for your records.
10. Independent Businesses
The relationship between Priestess Presence and Affiliate established by this Agreement is that of independent businesses in a contract, and nothing in this Agreement creates any partnership, joint venture, agency, franchise, sales representative or employment relationship between Affiliate and Priestess Presence. Priestess Presence and Affiliate shall each conduct its respective business at its own initiative, responsibility and expense, and shall have no authority to incur any obligations on behalf of the other, except as otherwise provided herein.
The term “Affiliate” shall not be interpreted as a legal partner or affiliate, simply as an independent business doing marketing for Priestess Presence under this agreement. Affiliates are NOT employees of Priestess Presence, and are responsible for their own local, state, or country taxes. Affiliate understands that Affiliate does not have authority to make or accept any offers or make any representations on behalf of Priestess Presence . Affiliate shall not misrepresent Priestess Presence products or services
.
11. Limitation of Liability
Priestess Presence shall not be held liable for any indirect, incidental, special or consequential damages or any loss of revenue or profits arising under or with respect to this agreement or program, even if Priestess Presence has been advised of the possibility of such damages. Priestess Presence aggregate liability arising under or with respect to this agreement or the program shall in no event exceed the total Commissions paid or payable by Priestess Presence to Affiliate under this agreement. In no event shall Priestess Presence be liable to any party for costs of procurement of substitute goods, lost profits or any other special, consequential, incidental, or indirect damages, losses, costs or expenses of any kind, however caused, and whether based in contract, tort (including negligence), or any other theory of liability regardless of whether Priestess Presence has been advised of the possibility of such damages, losses, costs or expenses.
Affiliate understands that Affiliate tracking can never be 100% accurate and Priestess Presence is not responsible for inaccuracies that might occur. Tracking of Affiliate sales depend on several factors which are out of the control of Priestess Presence It is the goal of Priestess Presence to make Affiliate tracking as accurate as possible; however, Priestess Presence cannot guarantee 100% tracking for situations beyond its control.
12. Miscellaneous
This agreement shall be governed by the laws of the State of California and the United States, without regard to conflict of law principles. All disputes arising out of or related to this Agreement shall be subject to the exclusive jurisdiction and venue of the state and federal courts located in San Francisco, California, and the parties consent to the personal and exclusive jurisdiction of these courts.
This is the entire Agreement between Affiliate and Priestess Presence with respect to the subject matter hereof. At the sole discretion of Priestess Presence, this Agreement may be altered or updated with or without notification. If an altered or updated clause is in conflict with previous wording, the most recent version applies. Current Agreement inclusions are applicable to all active Affiliates regardless of the date Affiliate enrolled in the program.
Affiliate may not assign this Agreement, by operation or law or otherwise, without Priestess Presence prior written consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of and be enforceable against the parties and their respective successors and assigns. Priestess Presence failure to enforce Affiliate’s strict performance of any provision of this Agreement will not constitute a waiver of Priestess Presence right to subsequently enforce that provision, or any other provisions of this Agreement. No waiver of any provision hereof will be effective unless in writing and signed by the party against whom such waiver is sought to be enforced.
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