Spirit Unlimited Consulting/Divinely Inspired Leaders  

Affiliate Agreement

Dear Affiliate,

WE would love to have you as an affiliate. In that we have a responsibility to you and you to us. We want the terms of our relationship to be clear so that we continue to synergize each other’s lives in a productive way.   So we lay these terms out here so that we both have the same understanding.

By participating in ANY Spirit Unlimited Consulting/Divinely Inspired Leaders promotions, you agree to the following Terms and Conditions (the “Agreement”). You also understand our company’s general privacy policy and terms of use as listed below.  

As an affiliate we also expect that you will  to conduct yourself with professionalism and integrity.  which is why we’ve detailed these Terms and Conditions for you.  We also want to serve our clients with 100% integrity and compliance with all laws, including Competition Bureau and FTC guidelines. Please read this agreement before signing up as an affiliate in our launches that way you are aware of all the conditions.

Thanks very much for supporting the spreading the messages globally for Spirit  Unlimited Consulting and the Divinely Inspired Leaders Programs.  

In Spirit and Peace,

— Ellen Hayakawa

 

Affiliate Agreement Terms & Conditions

By participating in the marketing launch (the “Promotion”) of any of our products or programs (the “Product”) conducted by Ellen Hayakawa, Spirit Unlimited Consulting  (the “Promoter”) you (the “Affiliate”) agree to the following Terms and Conditions (the “Agreement”).

 

ELIGIBILITY

 

Affiliate must be 18 years or older to participate in Promotion. Promoter reserves the unconditional right to accept or deny any Affiliate who enters the Promotion on the Promoter’s website at  http://www.divinelyinspiredleaders.com/affiliate-program/   (the “Enrollment Site”) or who drives traffic to any of the Promoter’s marketing websites (the “Sites”).

 

Affiliate must be in good standing with the Federal Trade Commission (the “FTC”) /the Competition Bureau in Canada and the Promoter, and in compliance with all FTC/Competition Bureau guidelines and the terms and conditions of this Agreement.

 

Affiliate agrees and understands that if its marketing, websites, emails or any other communications associated with or for this Promotion are deemed inappropriate that Affiliate will be deemed, at the sole discretion of the Promoter, ineligible to participate in the Promotions and disqualified from receiving, commissions  or any other compensation or further communication from the Promoter.

 

Affiliate will be immediately removed from all Promotions and from Promoter’s Affiliate Program — forfeiting commissions — and will be in violation of this Agreement IF its marketing for this Promotion or for its own sites:

 

a) contains, promotes or links to sexually explicit or violent material;

 

b) promotes, depicts or links to material that promotes or depicts discrimination based on race, gender, religion, national origin, physical or mental disability, sexual orientation, or age;

 

c) contains unlawful material, including but not limited to materials that may violate another’s intellectual property rights, or links to a site that contains such material;

 

d) contains information regarding, promotes or links to a site that provides information or promotes illegal activity; or

 

(e) Spam – You should only participate in this promotion by sending your link directly to your email list, your social media contacts, or through ads you have placed that comply with all the rules on this page.Please do ot use spamming including social media spamming to perpetuate links automatically.

 

(f) defames, slanders, or posts rude or inappropriate comments about Promotor or any public figure or member of  any course or the company, Spirit Unlimited Consulting or the brand Divinely Inspired Leaders. Promotor’s staff also warrants termination of the affiliate agreement for  rude or impolite communication and behaviour.   As much as is humanly possible we are here to spread the Light and Love. 

(i) for any other reason that is deemed by us to be unsuitable by the Promoter.

 

SPAM AND UNSOLICITED EMAIL

 

Affiliate agrees NOT to send any unsolicited email (spam) to any party during the Promotion.  Spam is defined as emailing or posting to anyone who has not requested information via email or any website, and also includes “spamming search engines” or social media with links. Affiliate agrees to abide by all Federal Trade Commission Guidelines/Competition Bureau Guidelines  and the U.S. Federal Can-SPAM Act.  Anyone who spams will be removed from the affiliate programme. 

 

EARNING DISCLAIMER

 

We’ve taken every effort to ensure we accurately represent our Promotion and it’s potential to help you earn commissions, as described below. However, there is no guarantee that you will get any results or earn any money whatsoever during this Promotion.   Nothing on our Sites or in this Promotion is a promise or guarantee of earnings.   As stipulated by  Competition Bureau/FTC law, we make no guarantees that you will achieve any results from our ideas or Promotion and we offer no professional medical, legal or financial advice.

 

COMMISSIONS

 

Affiliate will receive the posted dollar amount of commission for every sale they refer during the Promotion Period only that is directly referred by the Affiliate to the Promoter’s Site through the Affiliate’s unique link or cookie. This ONLY includes sales that are driven from the Affiliate to the Promoter’s sales sites and as tracked through the Affiliate’s unique link provided by the Promoter or the cookie resulting from that link. This also ONLY includes sales that happen during our launches (ie. Promotional Period); once our cart is closed for that launch no more sales can come in and thus no more commissions can be earned on any sales outside of the launch. We only do launch-specific affiliate promotions so please be sure to check and comply with the dates we are doing our launches.

Commissions are not paid on, and will not include, a single sale to the Affiliate themselves, meaning Affiliate cannot purchase the Product for their own use through their link and receive a commission on that sale. Affiliate commissions are counted and final numbers are deemed final at the sole discretion and decision of the Promoter.

Commission payments will be sent to Affiliate by the Promoter via Paypal once every 45 days following the Promotion Period until the Affiliate has been paid in full. This allows time for accounting after Promoter’s 30-day/2class (whichever one is used in the promotion) satisfaction guarantee policies. Because multiple monthly payments are allowed by customers who purchase the Product, Affiliate should expect to receive approximately 50% of each collected monthly payment every 45 days until the customer has paid the Promoter in full for the Product. If a sale is canceled or refunded for any reason, any paid commission will be deducted from the amount owed to the Affiliate and any subsequent payment. Affiliate commissions will not be paid based on any sales or amounts that are attributed to spam, credit card fraud, or returned Product. Promoter reserves the right to change the dates of the commission payout.

Again, commissions are paid ONLY on the current promotion during the specified dates of the promotion. Any sales that Promoter makes to leads after the promotional period ends do not qualify for commissions. Please pay close attention to our listed promotional period for each launch.

Promoter is NOT responsible for Affiliate using or maintaining their affiliate links and only sales tracked through the Promoter’s system will count towards the Affiliates commissions. All sales and commission numbers are tallied by the Promoter and credit due to the Affiliate and all the final sales and commission numbers are at the sole discretion of the Promoter. Promoter makes every reasonable effort to accurately track and pay commissions for all sales that come from Affiliates, but it not responsible nor under any circumstances will be held liable for any technical difficulties, outside events, actions by other affiliates, or other uncontrollable events that may disrupt or interfere with Promoter’s ability to do track sales or pay commissions. Under no circumstances will Promoter be held liable for any indirect, incidental, special or consequential damages or any loss of revenue or profits that result from Affiliate’s participation in this Promotion.

Affiliate will not receive any commission or revenue on clients driven to the Promotion or Promoter following the Promotion Period. Commissions are solely available for this Promotion under this Agreement.

 

LINKS

Promoter will provide Affiliate with Links to this Promotion as well as any related banners, graphics, or text ads necessary to promote and offer the Product to the Affiliate’s customers via the Affiliate’s Sites or emails. Affiliate may ONLY utilize their unique link provided by the Promoter on the Affiliate’s own websites or emails. Affiliate may NOT post their Link on other websites that are not owned or maintained by the Affiliate or the Affiliate’s brand, with the exception of ads or to their social media connections. Spamming the internet with automated or anonymous links outside of Affiliate’s direct email list, websites or social media pages will be considered a violation of this Agreement and result in a denial of all Affiliate benefits, prizes and commissions. Affiliate may not use unsolicited commercial email, spam, search engine spam, or other illegal or unethical means by which to generate referral commissions. Affiliate may also not purchase the Product through their link for personal use and receive a commission on that sale. Links are intended to drive new customers to the Promotion. All customer information collected during the Promotion shall be owned by the Promoter and it is at the sole discretion of the Promoter whether or not the customer information will be shared with the Affiliate. All information collected before, during and after the Promotion will be managed under the Privacy Policy of the Promoter as listed on its Privacy Policy page.

 

RESTRICTIONS

 

Affiliate may not use ANY copyright, trademark, service mark, or general branding of the Promoter without full discloser and permission of the Promoter.

Affiliate may not: a) read, intercept, record, redirect, interpret, or fill in the contents of any electronic form or other materials submitted to Promoter by any person or entity; b) take any action that could reasonably cause any customer confusion as to Affiliate’s relationship with Promoter, or as to the site on which any functions or transactions (e.g., search, order, browse, and so on) are occurring; c) frame the Affiliate’s website to look like the Promoter’s website or to utilize the Promoter’s branding in anyway that would confuse customers or the general public as to who is hosting or promoting such a website; d) seek to purchase or register any keywords, search terms or other identifiers related to the trademarks of the Promoter or the trade or service marks or names of Promoter’s primary competitors, including misspellings or variations thereof for use in any search engine, portal, sponsored advertising service or other search or referral service unless otherwise agreed to by the Promoter; e) seek to purchase or register any domains or other identifiers that include variations on the trade or service marks or names of the Promoter intended to approximate misspellings or typographical mistakes of same or which otherwise would constitute typo or domain squatting, including variations thereof for use in any search engine, portal, sponsored advertising service or other search or referral service unless otherwise agreed to by the Promoter; or f) spam automated or anonymous links to social media pages or search engines. Promoter may cancel the Affiliate’s participation in this Promotion, withhold or cancel commissions, or take any other action at its sole discretion should Affiliate conduct any of the behavior above or fail to operate with integrity or within the guidelines of the Competition Bureau (Canada)/FTC.

RELATIONSHIP OF PARTIES

Nothing in this Agreement shall be deemed to create a partnership, joint venture, agency relationship, or employment relationship between the Parties. Affiliate is participating in the Promotion as a fully independent entity and is responsible for any and all federal, state, local, and/or foreign income taxes and self-employment taxes, and any and all other federal, provincial, and local licensees, fees or taxes, or sales tax, including withholding taxes, social security taxes, and public liability and workman’s compensation insurance. Under no circumstances will Promoter be held liable for any actions or results of the Affiliate.

 

CONFIDENTIALITY

Affiliate hereby agrees not to share, use, copy, adapt, alter, distribute, duplicate, or part with possession of any of the Promoter’s confidential information which is not directly provided or approved by the Promoter, or any confidential information that is disclosed or otherwise comes into its possession under or in relation to this Agreement.

Affiliate shall not disclose his/her terms of this Agreement to any third party other than to the Affiliate’s employees and agents who (a) have a need to have access to such information (b) agree in writing to comply with the confidentiality provisions of this Agreement.

 

INDEMNIFICATION AND LIABILITY

 

Affiliate agrees to indemnify and hold harmless the Promoter and the Promoter’s Founder, Ellen Hayakawa, an individual, from and against any and all losses, claims, damages, liabilities, costs, and expenses (including, but not limited to, reasonable attorney fees) which Affiliate may be subject to or incur in connection with the Promotion to be rendered, except those claims that are judicially determined to have resulted from Promoter’s gross negligence or willful misconduct. Under no circumstances will Promoter or Ellen Hayakawa or their assigns be held liable for Affiliate’s injury or death or any loss or damage of personal belongings or earnings resulting from its providing of the Promotion or from Affiliate’s participation in any of its promotions, galas, seminars or live events (“Events”) should the Affiliate attend them. Affiliate hereby accepts all risk to its health including injury or death that may result from participating in any Promoter Events and hereby releases Promoter, Ellen Hayakawa, and their officers, employees, interns, Affiliates, sponsors and representatives from any and all liability to his or herself and their personal representatives, estate, heirs, next of kin, and assigns for any and all claims and causes of action for loss of or damage to Affiliate’s property and for any and all illness or injury to Affiliate’s person, including death, that may result from or occur during Affiliate’s participation at the Events, whether caused by negligence of the Promoter or its representatives. Affiliate acknowledges and agrees to be financially responsible for any medical or legal bills that may be incurred as a result of participation in the Promotion or Events including any financial loss or emergency medical treatment. Affiliate understands that Promoter does not give legal, medical or financial advice and under no circumstances will be held liable for results related to the Promotion or Events

 

TERMINATION

The relationship between the Parties may be terminated by immediately by either party. Upon termination, it is understood that the Confidentiality and Indemnification clauses above will remain in effect for perpetuity.    Any disputes will be settled in Vancouver, BC under the laws of  the province of British Columbia and of Canada.

 The parties further agree that  Arbitration will proceed under the Canadian Arbitration Association Guidelines and  shall be conducted before a three panel arbitration board wherein each party to this agreement selects one arbitrator and those selected arbitrators select a third arbitrator. The decision of the arbitration shall be final and each party agrees to be bound by the arbitration board.

SEVERABILITY

If any provision or covenant, or part thereof, of this Agreement should be held by any court or other legitimate tribunal with appropriate jurisdiction to be invalid, illegal or unenforceable, either in whole or in part, such invalidity, illegality or un enforceability shall not affect the validity, legality or enforceability of the remaining provisions or covenants, or any part thereof, of this Agreement, all of which shall remain in full force and effect.

CONTACT

Promoter may be contacted at support@divinelyinspiredleaders.com or via its address:

Spirit Unlimited Consulting/Divinely Inspired Leaders

PO Box 244

Bowen Island, BC

1-604-947-0622