AFFILIATE PARTNER PROGRAM
TERMS & CONDITIONS:
THE SECTIONS BELOW TITLED “BINDING ARBITRATION; FORUM SELECTION” AND “CLASS ACTION WAIVER” CONTAIN A BINDING ARBITRATION AGREEMENT, FORUM SELECTION CLAUSE AND CLASS ACTION WAIVER. THEY AFFECT YOUR LEGAL RIGHTS. PLEASE READ THEM.
Welcome to 20/20 Leadership Group’s Rainmaking Academy Affiliate Partner Program!
The following “Terms and Conditions of Use” (hereinafter referred to as “Terms”) set forth the terms and conditions governing your participation in 20/20 Leadership Group’s Rainmaking Academy (“the Rainmaking Academy”) Affiliate Partner Program owned and operated by 20/20 Leadership Group, LLC (“We,” “Us,” “Our”). These Terms regard your use of the Rainmaking Academy Affiliate website, landing page links, services and other related materials (collectively, the “Affiliate Program”).
Your use of the Rainmaking Academy website, including anything on www.rainmakingacademy.com and/or www.enterprise.rainmakingacademy.com means You have read, understood and agree to be bound by this Agreement.
We reserve the right, at Our sole discretion, to change, modify or otherwise alter this Agreement at any time without notice to You and said modifications shall be deemed accepted by You. You must review these Terms at https://www.rainmakingacademy.com/partners/terms-conditions/ on a regular basis to keep Yourself informed of any changes.
1. GENERAL PROVISIONS
This Agreement describes the entire terms and conditions for participation in 20/20 Leadership Group’s Rainmaking Academy Affiliate Program. This, together with any of our policies referred to herein, constitutes the entire Agreement between You and Us relating to Your use of the Site. This Agreement supersedes any and all prior or contemporaneous written or oral Agreements between you and Us regarding the same subject matter. Neither the course of conduct between You and Us, nor trade practice, shall act to modify any provision of this Agreement. This Agreement may not be amended except in writing signed by the Parties. This Agreement is not assignable, transferable or sublicensable by You except with Our prior written consent.
Nothing in this Agreement is intended to or will create any form of partnership, joint venture, agency, franchise, sales representative or employment relationship between the Parties.
We currently provide Affiliates with access to affiliate materials and services (links, tracking codes, banners, images, etc., collectively referred to as “Services”) intended for advertising products available through www.rainmakingacademy.com, www.enterprise.rainmakingacademy.com and www.2020lead.com.
You understand and agree that the Services are provided “AS-IS” and that We assume no responsibility for the timeliness, deletion, delivery problems or failure to store any Affiliate communications or personalization settings.
2. ACCOUNT REGISTRATION
You are responsible for maintaining the secrecy and security of any of Your Partner Center information. You are responsible and liable for any conduct in the Affiliate Program under your Partner Center. We are not responsible for any unauthorized use of your Partner Center. If you believe there has been unauthorized use of your Partner Center, you must notify Us immediately.
Only Affiliates are permitted to use the password protected affiliate content within the Partner Center. If anyone loans or discloses their username and password or otherwise knowingly or unknowingly allows unauthorized access into Your Partner Center, You will be responsible for any changes made to any information associated with Your Partner Center.
We are under no obligation to accept any individual as an Affiliate and may accept or reject any registration in Our sole and complete discretion. In addition, We may deactivate any account at any time, including, without limitation, if We determine that an Affiliate has violated these Terms.
This Agreement and any action related thereto will be governed by the laws of the State of Florida without regard to conflicts of laws principles.
The Rainmaking Academy is based in the United States and We make no claims concerning whether the Affiliate Program may be appropriate for use outside of the United States. If You become an Affiliate from outside of the United States, You do so at Your own risk. Whether inside or outside of the United States, You are solely responsible for ensuring compliance with the laws of Your specific jurisdiction.
We are the sole and exclusive owner of all rights, titles and interests including all intellectual property rights in and to the contents, logos, style, design, look and feel, trade names, trademarks to all literary works, computer programs, products, goods and services (including and all future versions thereof) currently entitled 20/20 Leadership Group’s Rainmaking Academy and any products or services associated with it (“Product”). Product refers to the singular as well as the plural.
3. AFFILIATE SALES COMMISSIONS
If, as a result of a direct advertising effort of the Affiliate, a referred customer of the Affiliate orders and pays for the Product, We shall pay the Affiliate a sales commission in the amount of 35% of the paid selling price of the purchased Product and excluding returns (“Sales Commission”).
Only qualifying sales of the Product to a customer and for which We have received full payment will qualify for the specified Sales Commission.
Sales Commissions are paid every month on the 15th of the month (“Sales Commission Payout Date”). The payouts for each month will include Sales Commissions earned from purchases that have 60-day maturity (meaning, 60 days must have passed from the date of the customer’s purchase, for that purchase to be eligible to be included in the Sales Commission payout for that month). For example: A customer purchases the Product on August 1. The purchase will become eligible for the Sales Commission payout after September 30 and will be paid during the October Sales Commission Payout Date (on October 15th). This is due to the fact that We offer a 60-day money back guarantee to the Rainmaking Academy customers. Therefore, if a customer purchases a Product, but requests a refund within 60 days of the money back guarantee period, the Product purchase amount will be removed from the Affiliate’s earnings and that amount will no longer be eligible for a Sales Commission payout.
Affiliates can check the status of Sales Commissions earned at any time by visiting their Partner Center by logging in here.
4. ORDER PROCESSING
All of Our rules, operating procedures, and policies regarding customer orders and accounts will apply to orders we receive through Your advertising efforts. We reserve the right to reject any order at Our sole discretion.
5. COPYRIGHTED MATERIAL
You are solely responsible for ensuring that Your reviews and descriptions comply with all applicable copyright and other laws and shall hold Us harmless for any violations thereof.
6. TERM AND TERMINATION
The term of this Agreement will begin when You accept these Terms and will end when terminated by either party. Either We or You may terminate this Agreement at any time, with or without cause, by giving the other party written notice of termination. Upon the termination of this Agreement for any reason, you will immediately cease use of, and remove from Your website(s) all links to the Site and all other materials provided in connection with this Agreement.
We may reject Your registration or terminate You if We determine (in Our sole discretion) that Your website is unsuitable for the Affiliate Program for any reason, including, harmful, threatening, defamatory, obscene, sexually explicit harassing, or racially, ethically, or otherwise objectionable.
You are solely responsible for the accuracy and appropriateness of all materials posted on Affiliate’s website, and for ensuring that your activities and materials posted on Affiliate’s Web Site are not defamatory, in violation of copyright laws or otherwise illegal. You agree to indemnify and hold Us harmless for any violations of the foregoing. We disclaim all liability for these matters.
The following are prohibited and grounds for immediate termination of Your participation in the Affiliate Program.
Our Affiliates MAY NOT use Our logos, logo marks or other of Our website/branding imagery in a header graphic or in any way as to indicate they are officially affiliated or partnered with 20/20 Leadership Group or the Rainmaking Academy. Our Affiliates MAY NOT use the term “20/20 Leadership Group” or “Rainmaking Academy” in ANY variation in their website URL.
7. NO WARRANTIES; LIMITATIONS OF LIABILITY
THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. WE MAKE NO EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS WITH RESPECT TO THE AFFILIATE PROGRAM OR YOUR POTENTIAL TO EARN INCOME FROM THE AFFILIATE PROGRAM.
WE WILL MAKE ALL REASONABLE EFFORTS TO KEEP OUR SITE OPERATIONAL, HOWEVER, CERTAIN TECHNICAL DIFFICULTIES MAY, FROM TIME TO TIME, RESULT IN TEMPORARY SERVICE INTERRUPTIONS. WE MAKE NO WARRANTY THAT OUR SITE WILL OPERATE ERROR-FREE OR THAT IT OR THE CONTENT ARE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES AND SHALL NOT BE LIABLE FOR ANY CONSEQUENCES.
WE DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE; IN CONNECTION WITH ANY WARRANTY, CONTRACT, OR COMMON LAW TORT CLAIMS. WE SHALL NOT BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION RESULTING FROM THE USE OR INABILITY TO ACCESS AND USE THE SERVICES.
FURTHER, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT, IN NO EVENT SHALL OUR CUMULATIVE LIABILITY TO YOU ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER BASED IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE AND STRICT LIABILITY) OR OTHER LEGAL OR EQUITABLE THEORY, EXCEED THE TOTAL SALES COMMISSION PAYABLE TO YOU UNDER THIS AGREEMENT.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. THEREFORE, SOME OF THE ABOVE LIMITATIONS ON WARRANTIES IN THIS SECTION MAY NOT APPLY TO YOU. THE RAINMAKING ACADEMY WEBSITE AND CONTENT MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS OR OMISSIONS. UNLESS REQUIRED BY APPLICABLE LAWS, WE ARE NOT RESPONSIBLE FOR ANY SUCH TYPOGRAPHICAL, TECHNICAL, OR PRICING ERRORS LISTED. WE RESERVE THE RIGHT TO MAKE CHANGES, CORRECTIONS, AND/OR IMPROVEMENTS AT ANY TIME WITHOUT NOTICE.
8. BINDING ARBITRATION; FORUM SELECTION
In the event of a dispute arising under or relating to this Agreement (a “Dispute”), either party may elect to finally and exclusively resolve the dispute by binding arbitration governed by the Federal Arbitration Act (“FAA”). Any election to arbitrate, at any time, shall be final and binding on the other party. IF EITHER PARTY CHOOSES ARBITRATION, NEITHER PARTY SHALL HAVE THE RIGHT TO LITIGATE SUCH CLAIM IN COURT OR TO HAVE A JURY TRIAL, EXCEPT EITHER PARTY MAY BRING ITS CLAIM IN ITS LOCAL SMALL CLAIMS COURT, IF PERMITTED BY THAT SMALL CLAIMS COURT RULES AND IF WITHIN SUCH COURT’S JURISDICTION. ARBITRATION IS DIFFERENT FROM COURT, AND DISCOVERY AND APPEAL RIGHTS MAY ALSO BE LIMITED IN ARBITRATION. All disputes will be resolved before a neutral arbitrator selected jointly by the Parties, whose decision will be final, except for a limited right of appeal under the FAA. The arbitration shall be commenced and conducted by JAMS pursuant to its then current Comprehensive Arbitration Rules www.adr.org and Procedures and in accordance with the Expedited Procedures in those rules, or, where appropriate, pursuant to JAMS’ Streamlined Arbitration Rules and Procedures. All applicable JAMS’ rules and procedures are available at the JAMS website www.jamsadr.com. Each party will be responsible for paying any JAMS filing, administrative, and arbitrator fees in accordance with JAMS rules. Judgment on the arbitrator’s award may be entered in any court having jurisdiction. This clause shall not preclude the Parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. The arbitration may be conducted in person, through the submission of documents, by phone, or online. If conducted in person, the arbitration shall take place in Miami-Dade County, Florida. The Parties may litigate in court to compel arbitration, to stay a proceeding pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator. The Parties shall cooperate in good faith in the voluntary and informal exchange of all non-privileged documents and other information (including electronically stored information) relevant to the Dispute immediately after commencement of the arbitration. Nothing in this Agreement will prevent Us from seeking injunctive relief in any court of competent jurisdiction as necessary to protect Our proprietary interests.
9. CLASS ACTION WAIVER
You agree that any arbitration or proceeding shall be limited to the Dispute between Us and You individually. To the full extent permitted by law, (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right or authority for any Dispute to be arbitrated or resolved on a class action-basis or to utilize class action procedures; and (iii) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
If any provision of this Agreement is held to be invalid or unenforceable, that provision shall be eliminated or limited to the minimum extent necessary such that the intent is effectuated, and the remainder of this Agreement shall have full force and effect.
All notices to Us shall be in writing and addressed to 20/20 Leadership Group, LLC, if by mail to 3029 N.E. 188th Street, Suite 903, Aventura, FL 33180 and if by email to firstname.lastname@example.org. All notices to You may be given by email or written letter to the email or mailing address You provide.
AFFILIATION AND COMPENSATION DISCLOSURES
IMPORTANT – MUST READ!
As of December 1st, 2009, The Federal Trade Commission of the United States of America has set forth new Guidelines for Endorsements and Testimonials, demanding that all Endorsers and Testimonial Givers divulge the nature of their compensation and affiliation with the product company or manager.
Therefore as part of this Agreement, You agree to “clearly and conspicuously”’ divulge how You are monetarily compensated through Your Sales Commissions, and that You receive(d) any other compensation from Us, monetary or otherwise, as the case may be, whenever You put forth any endorsement or testimonial in any media with the purpose of endorsing Our products or services with the intent to sell them to consumers.
You further agree to use only the promotional materials that have been sanctioned by Us and to take full responsibility for Your own actions should You be investigated for not adhering to the Federal Trade Commission of the United States of America Guidelines for Endorsements and Testimonials, and shall not hold Us responsible in any way for actions or use of promotional materials not sanctioned by Us.
You further agree that you have read and understand the Guidelines for Endorsements and Testimonials 16 CFR Part 255 (which can be found at https://www.ecfr.gov) that the Federal Trade Commission of the United States of America has set forth. And you also hereby agree to uphold ALL of the provisions contained in that document while endorsing or promoting products or services for Us.
Failure to do so may (at Our sole discretion) result in immediate termination of this Agreement, removal of Your access to the Partner Center, and forfeiture of any Sales Commissions accrued.
You acknowledge that You have read this Agreement and agree to all its terms and conditions.