It’s A Lovely Life® Affiliate Program Agreement

This agreement between It’s A Lovely Life (Sale Pros Corp.) and the Affiliate is established to clarify all terms and conditions of the It’s A Lovely Life Affiliate program and the relationship between parties of this agreement.

The Commission Rate is 33% to the Affiliate. When the Affiliate refers a sale, the commission is 33% of the actual amount received. The cost of the course could change either up or down. It’s A Lovely Life retains full control over the pricing of all programs, special deals and promotions, and altering the price in any way.

Commissions are paid to Affiliate by Paypal only. Affiliate must have a valid Paypal account in order to receive a commission payment.

An Affiliate commission will apply to any course sale that is referred by the Affiliate for the purchase of any paid programs offered by It’s A Lovely Life.

Affiliate must also provide a valid W9 or W8BEN (International Only) on file in order for the payment to be released.

Payments: Payments to Affiliate will be made 30 days after the end of the month in which payments are made. Ex. If a sale (upfront or payment) occurs on August 20th, the Affiliate will receive the commission payment on October 1st.

Paypal: Commissions are paid to Affiliate by Paypal only. Affiliate must have a Paypal account to receive a commission payment.

Payment Plans: The Affiliate will receive a commission on payments that actually occur. If a referral does not fulfill the payment plan, the Affiliate will not receive a commission payment for any payments missed.

Referral Tracking: The Affiliate will receive a commission on all sales paid courses that occur within 90 days of the initial referral. If a student/referral has tracking disabled on their browser, this may not be automatically tracked. In situations where a referral is not tracked properly, It’s A Lovely Life can evaluate these referrals on a case by case basis. These situations should be outlined in an email to reese@itsalovelylife.com with as many details as possible.

A student/Affiliate must be in good standing in order to receive Affiliate commissions from It’s A Lovely Life. If the Affiliate does not complete the payment plan for their own course, then any Affiliate commissions generated by their referrals are invalidated until the account is brought in good standing. An Affiliate may generate sales prior to completing their own payment plan, and will still get paid even if their own payment plan is not complete, as long as they remain in good standing.

The terms of the Affiliate program may change or may be canceled completely without notice. We will notify you of any changes prior to any Affiliate program change going into effect.

Affiliate cannot use the Start A Blogging Business Facebook group or other Facebook groups managed by It’s A Lovely Life to prospect for sales. If a sale is generated from an existing group member or someone that is already on our email or messenger list, then the commission to the Affiliate will be invalidated.

If a student is referred to one of our free programs, and ultimately purchases a paid course, the Affiliate will receive a commission on those referrals as long as they occur within 90 days of referral. In these cases, the referral can join the Facebook groups and other free resources of It’s A Lovely Life and the commission will not be invalidated.

We want our Affiliate to refer sales and earn a commission. If there is ever a situation outside of the box, we will be happy to evaluate it on a case by case basis. Simply send us an email to reese@itsalovelylife.com describing the situation and we will get back to you as soon as possible.

Additional Terms and Conditions of the It’s A Lovely Life Affiliate Program:

Account Termination.

If we suspect that you are engaged in fraud of any kind, your account may be terminated without notice. Affiliate who have had their accounts terminated are not eligible to become Affiliate thereafter. Accounts that refer customers using misleading or falsified information will be terminated. Lying to a potential customer in order to persuade them to purchase our products is strictly forbidden. Using illegal means of promotion, including (but not limited to) eMail SPAM is strictly prohibited. Accounts found to be promoting our products using methods that break the CAN-SPAM Act of 2003 will be immediately terminated and removed from the system without any commission being paid.

It’s A Lovely Life reserves the right without any prior notice, to terminate your access to the Service for any or no reason, including your breach of this Agreement or a violation of the rights of another or the law.

Prohibitions.

Affiliate warrants and covenants on an ongoing basis that its web site(s) and marketing practices:

1. Do not violate any law or regulation governing (i) false or deceptive advertising, (ii) sweepstakes, or (iii) gambling;

2. Do not contain any trade disparagement or libelous, defamatory, or infringing content; and (i) do not contain any machine-readable code that could be unintentionally downloaded onto a recipient's computer (such as a worm, virus, Trojan Horse, or other self-executing programs) and damage or takeover recipient's computer;

3. Do not offer incentives to users to click on ads or complete offers that award them cash, points, prizes or automatically enter them into contests, drawings, or sweepstakes;

4. Will only be marketed to people who are eighteen (18) or older that are eligible to use the It's A Lovely Life’s product.

5. Comply with all local, state, and federal laws regarding email marketing (CAN-SPAM ACT, effective January 1, 2004). If It's A Lovely Life notifies Affiliate of its receipt of any complaint regarding Affiliate’s email practices, or alleged violations of email practices, Affiliate must respond to It's A Lovely Life within forty-eight (48) hours of such notification and provide source information, including, but not limited to: (i) time, (ii) date, (iii), IP address, (iv) opt-in source, and (v) content of email message.

6. As a condition to your participation in the Affiliate Program, you agree that while you are an Affiliate, you will comply with all laws, ordinances, rules, regulations, orders, licenses, permits, judgments, decisions or other requirements of any governmental authority that has jurisdiction over you, whether those laws, etc. are now in effect or later come into effect during the time you are an Affiliate. Without limiting the foregoing obligation, you agree that as a condition of your participation in the Program you will comply with all applicable laws (national, federal, state or otherwise) that govern marketing email, including without limitation, the CAN-SPAM Act of 2003 and all other anti-spam laws.

7. Affiliate has the legal authority to enter into this Agreement and to be bound to the promises, covenants, and other duties set forth in this Agreement.

8. Affiliate’s websites do not contain any materials that are:

i. Obscene, or pornographic;

ii. Offensive, profane, hateful, threatening, harmful, defamatory, libelous, harassing, or discriminatory (whether based on race, ethnicity, creed, religion, gender, sexual orientation, physical disability, or otherwise);

iii. Graphically violent; or

iv. Solicitous of any unlawful behavior

9. Affiliate has obtained any necessary clearances, licenses, or other permission for any intellectual property used on Affiliate’s websites. Nothing on Affiliate’s websites infringes upon the intellectual property rights of any person or entity. No person or entity has brought or threatened an action claiming such infringement, nor does Affiliate have any reason to believe that any person or entity will bring or threaten such a claim in the future.

10. Affiliate will not use the Promotional Materials in any manner other than those set forth above.

11. Affiliate will not make any claim to ownership of the Promotional Materials, or of the copyright, trademark, or other intellectual property therein.

12. Affiliate shall not bid on search terms that include It’s A Lovely Life or any of its courses when promoting their Affiliate links on search engines including, but not limited to, Google, Yahoo, and Bing. This includes any search term including the words and phrases "Blogging Blastoff," "Travel Blogging Blastoff," "Pete and Heather Reese," "Heather and Pete Reese," and "Blogging Fast Track”, and “Start A Blogging Business."

FTC Compliance.

The Federal Trade Commission requires that affiliates disclose to their readers when they endorse a product and have a "material connection" to the seller of that product. These rules apply to any online review, article, or endorsement that includes our affiliate link and encourages visitors to purchase our product. Disclosures are not required for links that are clearly advertisements (such as banner ads in your blog’s sidebar). By participating in our Affiliate Program, all Affiliate must agree to comply with the Federal Trade Commission's 16 CFR § 255.5 (http://www.ftc.gov/sites/default/files/attachments/press-releases/ftc-publishes-final-guides-governing-endorsements-testimonials/091005revisedendorsementguides.pdf), and review and follow the suggestions outlined in their Revised Endorsement Guides FAQ (http://business.ftc.gov/documents/bus71-ftcs-revised-endorsement-guideswhat-people-are-asking). Every time you link to It's A Lovely Life programs in an article using your Affiliate link, you must disclose the nature of your relationship with our company. Furthermore, such disclosures must be made clearly, frequently, and conspicuously. Such disclosures ensure that readers can formulate an informed opinion about the information you provide by understanding the possible influence your material connection with our company might have on your endorsement of our products. Those Affiliates who do not comply with the FTC guidelines will be subject to account termination and commission reversal.

Appropriate Disclosure.

1. Linking In Articles or Blog Posts: When using our affiliate link in an article, you must display a clear disclosure about the nature of your Affiliate links and the material connection you have with our company. These disclosures must appear on the same page where the links appear, and they must be clear, conspicuous, and require no additional user interaction to read (such as clicking a link, scrolling, or hovering over an element). According to the FTC: “Putting disclosures in obscure places – for example, buried on an ABOUT US or GENERAL INFO page, behind a poorly labeled hyperlink or in a terms of service agreement – isn’t good enough. The average person who visits your site must be able to notice your disclosure, read it and understand it.” All disclosures should appear in full, either before or in close proximity to the Affiliate link itself. Example Article Disclosure: "Disclosure: Many of the links in this post are "affiliate links." This means that if you click on the link and purchase that item, I will receive an affiliate commission."

2. Linking On Social Networks: When using our affiliate links on social networks, you must also display a clear disclosure about the nature of the links and the material connection you have with our company. In the form of social media posts, these disclosures must be part of the post that contains the Affiliate link. Example Facebook Disclosure: "Ad: Check out our review of Blogging Blastoff, and how this course has helped me save years of research."

Example Twitter Disclosure: "Blogging Blastoff was a game-changer for me. See why #ad"

Indemnification.

Affiliate shall indemnify It’s A Lovely Life and hold harmless and defend It’s A Lovely Life from any claim, damage, lawsuit, action, complaint, or other costs arising out of any breach of Affiliate’s warranties set forth herein. Affiliate shall also indemnify, defend and hold harmless It’s A Lovely Life for any damage, loss or other cost arising out of the use or misuse by Affiliate of the Promotional Materials.

Confidentiality.

Any information that Affiliate is exposed to by virtue of its relationship with It’s A Lovely Life under this Agreement, which information is not available to the general public, shall be considered to be “Confidential It's A Lovely Life Information.” The Affiliate may not disclose any Confidential It's A Lovely Life Information to any person or entity, except where compelled by law, unless the Affiliate obtains prior written consent for such disclosure from It's A Lovely Life.

Taxes.

It’s A Lovely Life shall not be responsible for any taxes owed by Affiliate arising out of Affiliate’s relationship with It’s A Lovely Life as set forth in this Agreement. It’s A Lovely Life shall not withhold any taxes from the Commissions paid to Affiliate.

Limitation of Liability.

It's A Lovely Life shall not be liable for any loss of profits or costs, or for any direct, indirect, special, incidental or consequential damages, including costs associated with the procurement of substitute goods or services (whether It's A Lovely Life was or should have been aware or advised of the possibility of such damage), arising out of or associated with any loss, suspension or interruption of service, termination of this Agreement, use or misuse of the Promotional Materials, or other performance of services under this Agreement. COMPANY’S LIABILITY, AND THE LIABILITY OF OUR SUPPLIERS AND AFFILIATES, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE, SHALL NOT EXCEED THE TOTAL SUM OF $100.00. THE LIMITATIONS OF LIABILITY SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE CONTRACT BETWEEN US AND YOU. Some states do not allow the limitation of liability, so the foregoing limitation may not always apply.

For Jurisdictions that do not allow us to limit our liability: Notwithstanding any provision of these Terms, if your jurisdiction has provisions specific to waiver or liability that conflict with the above then our liability is limited to the smallest extent possible by law. Specifically, in those jurisdictions not allowed, we do not disclaim liability for: (a) death or personal injury caused by its negligence or that of any of its officers, employees or agents; or (b) fraudulent misrepresentation; or (c) any liability which it is not lawful to exclude either now or in the future.

IF YOU ARE A RESIDENT OF A JURISDICTION THAT REQUIRES A SPECIFIC STATEMENT REGARDING RELEASE THEN THE FOLLOWING APPLIES. FOR EXAMPLE, CALIFORNIA RESIDENTS MUST, AS A CONDITION OF THIS AGREEMENT, WAIVE THE APPLICABILITY OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR." YOU HEREBY WAIVE THIS SECTION OF THE CALIFORNIA CIVIL CODE. YOU HEREBY WAIVE ANY SIMILAR PROVISION IN LAW, REGULATION, OR CODE THAT HAS THE SAME INTENT OR EFFECT AS THE AFOREMENTIONED RELEASE.

Counterparts.

This Agreement may be executed in several counterparts, each of which shall constitute an original and all of which, when taken together, shall constitute one agreement. The individuals signing this Agreement represent and warrant that they are authorized to bind and do so bind the party on behalf of which they are executing this Agreement.

Severability.

If any part or parts of this Agreement shall be held unenforceable for any reason, the remainder of this Agreement shall continue in full force and effect. If any provision of this Agreement is deemed invalid or unenforceable by any court of competent jurisdiction, and if limiting such provision would make the provision valid, then such provision shall be deemed to be construed as so limited.

Headings.

The headings for section herein are for convenience only and shall not affect the meaning of the provisions of this Agreement.

Applicable Law, Arbitration and Class Action Waiver.

a. This Agreement is entered into in the State of California. This Agreement shall be governed by and construed under the laws of the State of California, excluding that body of law applicable to conflicts of law.

b. Any claim or controversy arising out of or relating to the Agreement or to any acts or omissions for which you may contend we are liable, including but not limited to any claim or controversy ("Dispute"), shall be finally, and exclusively, settled by arbitration in San Francisco, California, from which arbitration there shall be no appeal. The arbitration shall be held before one arbitrator under the Commercial Arbitration Rules of the American Arbitration Association ("AAA") in force at that time. The arbitrator shall be selected pursuant to the AAA rules. The arbitrator shall apply the substantive law of the State of California, except that the interpretation and enforcement of this arbitration provision shall be governed by the Federal Arbitration Act. To begin the arbitration process, a party must make a written demand therefore. Each party shall bear its own costs and attorneys’ fees. Any judgment upon the award rendered by the arbitrators may be entered in any court of competent jurisdiction in California. The arbitrator shall not have the power to award damages in connection with any Dispute in excess of actual compensatory damages and shall not multiply actual damages or award consequential, punitive, or exemplary damages, and each party irrevocably waives any claim thereto. The agreement to arbitrate shall not be construed as an agreement to the joinder or consolidation of arbitration under this Agreement with arbitration of disputes or claims of any non-party, regardless of the nature of the issues or disputes involved. THIS AGREEMENT PROVIDES THAT ALL DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING ARBITRATION. YOU THUS GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN OR BRING CLASS ACTIONS. YOU ACKNOWLEDGE AND AGREE THAT YOU AND IT'S A LOVELYLIFE ARE EACH WAIVING THE RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. Further, unless both you and we otherwise agree, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding. YOUR RIGHTS WILL BE DETERMINED BY A NEUTRAL ARBITRATOR AND NOT A JUDGE OR JURY.

c. WITH RESPECT TO ALL PERSONS AND ENTITIES, REGARDLESS OF WHETHER THEY HAVE OBTAINED OR USED THE SERVICE FOR PERSONAL, COMMERCIAL OR OTHER PURPOSES, ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND WE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND.

Assignment.

Neither party may assign this Agreement, in whole or in part, without the prior written consent of the other party, except that either party may assign this Agreement in its entirety to any purchaser of all or any substantial portion of its business or assets or to any subsidiary or other Affiliate without the prior approval of the other party, provided that the assignee specifically assumes in writing all of the obligations of the assignor. The parties agree that a merger, consolidation, or acquisition of a controlling interest in a party shall be deemed an assignment of this Agreement for purposes of this provision.

Electronic Signature.

By selecting the "I Accept" button, you are signing this Agreement electronically. You agree your electronic signature is the legal equivalent of your manual signature on this Agreement. By selecting "I Accept" you consent to be legally bound by this Agreement's terms and conditions. You further agree that your use of a keypad, mouse, or other devices to select an item, button, icon, or similar act/action, or to otherwise provide It’s A Lovely Life or in accessing or making any transaction regarding any agreement, acknowledgment, consent terms, disclosures, or conditions constitute your signature (hereafter referred to as "E-Signature"), acceptance and agreement as if actually signed by you in writing.

Entire Agreement.

This Agreement constitutes the entire agreement between It's A Lovely Life and Affiliate and supersedes any prior understanding or representation of any kind preceding the date of this Agreement. There are no other promises, conditions, understandings, or other agreements, whether oral or written, relating to the subject matter of this Agreement. This Agreement may be amended or modified only in writing agreed to and signed by authorized representatives of both parties.