THE AGREEMENT: This Affiliate Agreement (hereinafter called the “Agreement”) is provided by Activate Breakthrough Academy, primary address being www.activatebreakthrough.com. The Agreement is a legal document between you and Activate Breakthrough Academy that describes the affiliate relationship we are entering into. This Agreement covers your responsibilities as an affiliate and our responsibilities to you. Please ensure you read and fully understand this document (seeking legal advice if you wish) as each part of this agreement is important and impacts our Affiliate relationship together.
1) DEFINITIONS: The parties referred to in this Agreement shall be defined as follows:
- a) The Company, Activate Breakthrough Academy will be referred to as: Us, we, our, ours and other first-person pronouns as well as all contractors, consultants, team or legal agents of Activate Breakthrough Academy
- b) The Affiliate, You will be referred to as: the “Affiliate.” You’ll also be referred to throughout this Agreement with second-person pronouns such as You, Your, or Yours.
- c) Parties: Collectively, the parties to this Agreement (Activate Breakthrough Academy and You) will be referred to as “Parties” or individually as “Party.”
- d) Affiliate Program: The program we’ve set up for our affiliates as described in this Agreement.
- e) Affiliate Application: The page, conditions and tick boxes which you must read through and agree to to be considered for part of the Affiliate program.
- f) Website: The primary website we’ve noted above will be referred to as Website.
2) ACCEPTANCE: You agree to the terms outlined in this Agreement by submitting your application to our Affiliate program. Submission of an application is considered as agreement with this Agreement. If you do not agree to be bound by this Agreement, please leave this page and do not submit your application to be an Affiliate.
3) AFFILIATE SIGN UP: To sign up for our Affiliate program, you will first need to apply to be one. You will be prompted to apply for one when you first access your affiliate centre on the website.
You are not automatically registered as an Affiliate when you sign up with Activate Breakthrough Academy. Your application will be received and reviewed within 24 hours. Activate Breakthrough Academy has the rights to reject any applications that come via the Affiliate Program without reason. If an application is rejected, you will be notified in a reasonable manner. Activate Breakthrough Academy also has the right to remove Affiliate status if deemed necessary, with no notice period, due to inappropriate use, not upholding the Agreement mentioned within this document and/or otherwise.
4) NON-EXCLUSIVITY: This Agreement does not create an exclusive relationship between you and us. You are free to work with similar affiliate program providers in any category. This agreement imposes no restrictions on us as to who or what company we partner/work with as well.
5) AFFILIATE PROGRAM
Please be advised the below is a general description of the Affiliate Program. Everything contained in this subsection is subject to the specific terms and conditions throughout the rest of this Agreement.
Clicks: We will provide you with a specific link or links located in your affiliate centre, personalized to you as an Affiliate, for your promotion (collectively, “Click Link”).
The Click Link will be keyed to your profile and will send online users to the Company’s website or websites. You hereby agree to fully cooperate with us regarding the Link and that you will explicitly comply with all of the terms of this Agreement for the promotion of the Click Link at all times. We may modify the specific link or links and will notify you if we do so. You agree to only use links which are prior approved by us .
Affiliates will be assigned via a ‘last touch’ approach. This means that whoever the last affiliate is before the new buyer signs up, is the affiliate the commission will be allocated to.
At Activate Breakthrough Academy we are also enforcing the culture that our members will discuss with their leads who was the last person they spoke to about the platform and encourage the person to sign up with them if there was a prior relationship/conversation. However The Freedom Era does not take responsibility for this, nor is this managed by Activate Breakthrough Academy. Any concerns regarding affiliate commissions or teams please contact support@activatebreakthrough.com
No cookie stuffing: You agree not to use cookie “stuffing”, or other techniques which may incorporate a tracking code without specific knowledge of the online user.
6) SPECIFIC TERMS APPLICABLE: We will determine whether payout is permissible in our sole and exclusive discretion. We reserve the right to reject clicks and/or sales that do not comply with the terms of this Agreement. Processing and fulfillment of orders will be our responsibility. We will also provide real-time data regarding your account with us through the portal on which you log into the website.As described above, in order to be eligible for payout, user clicks must be “Qualified Clicks.”
Qualified Clicks:
- a) Are clicks arriving to our website or websites through properly formatted links on the Affiliate Site; b) Are clicks arriving to our website or websites through the Affiliate’s specifically approved sites only (no other websites or social media pages); c) Are clicks arriving to our website which relate to one specific user; and) Are not clicks sent by a bot or other automated web program. User purchases must be “Qualified Purchases.”
Qualified Purchases:
- a) Must not be referred by any other partner or affiliate links of the Company (in other words, Qualified Purchases are only available through your specific Affiliate Link; b) May not be purchased by an already-existing partner or affiliate of the Company; c) May not be purchased prior to the Affiliate joining the Affiliate Program; d) May only be purchased through a properly-tracking Affiliate Link; e) May not be purchased by a customer in violation of any of our legal terms or Acceptable Use Policy; f) May not be fraudulent in any way, in the Company’s sole and exclusive discretion; g) May not have been induced by the Affiliate offering the customer any coupons or discounts;
7) PAYOUT INFORMATION: Payouts will only be available when the Company has your details for I-Payout entered (payouts will be via PayPal initially, with I-Payout/E-wallet payouts to follow).
Accounting information and payout information will be required as per the instructions in your I-payout section.
We explicitly reserve the right to change payout information in our sole and exclusive discretion. If we do so, you will be notified. For any disputes as to payout, the Company must be notified within thirty days of your receipt of the payout. We will review each dispute notification as well as the underlying payout transaction to which it is related. Disputes filed after thirty days of payout will not be addressed.
8) REPORTS: You may log into your account with Activate Breakthrough to review reports related to your affiliation, such as commissions and leads.. Please be advised however, that not all listed qualifying clicks and/or purchases have been fully reviewed for accuracy in the reports viewable by you in real-time and therefore may be subject to change prior to payout.
9) TERM, TERMINATION & SUSPENSION: This Agreement will commence when you are approved into the Affiliate Program. This can be terminated by either Party at any time with or without cause. You will only receive Affiliate Commissions while you are an active Affiliate (meaning you have been approved and the Agreement is still in place). If either party terminates the Agreement, you will receive payouts earned prior to the date of termination. Activate Breakthrough Academy maintains the right to terminate this Agreement with no notice if you violate any of the terms outlined within this Agreement. You will forfeit your right to any unclaimed payouts if any of the terms outlined within this Agreement or on our website are violated.
10) INTELLECTUAL PROPERTY: You agree that the intellectual property owned by Activate Breakthrough Academy includes all copyrights, trademarks, trade secrets, patents, and other intellectual property belonging to the Company (“Company IP”). You are hereby granted a non-exclusive, non-transferable, revocable license to access our website and Activate Breakthrough platform in conjunction with the Affiliate Program and use The Company IP exclusively in conjunction with identifying our company and brand, Activate Breakthrough. You agree to not alter, change or modify the Company IP in any way. If we find that you are using the Company IP in a manner not compliant with this Agreement, we reserve the right to terminate the Agreement with no notice as stated above.
You are not permitted to use any of Activate Breakthrough IP or any similar version without our prior written permission (this is including anything that is likely to cause consumer confusion, i.e using the Company IP in any domain or website name, keywords or advertising etc)
You agree to not use ‘Activate Breakthrough’ in any names of your social media pages/account names/groups/events or any other advertising platform. You agree to not use ‘ Activate Breakthrough’ in any paid advertising.
Please be advised that any unauthorized use of Activate Breakthrough IP shall constitute unlawful infringement and we reserve all our rights, including the right to pursue an infringement suit against you. You may be obligated to pay monetary damages or legal fees and costs. You hereby provide us a non-exclusive license to use your name, trademarks and service marks if applicable, as well as other business IP to advertise our Affiliate Program.
11) MODIFICATION & VARIATION: Activate Breakthrough reserves the right to, at any time, modify this Agreement. You agree that Activate Breakthrough has the right to modify and revise anything contained within this Agreement. Furthermore you agree that all modifications to this Agreement are in full force and effect immediately after posting the revised Agreement on our website and that any variations or modifications will replace any prior versions. Unless prior versions are specifically referred to in the latest modified version of the Agreement.
If Activate Breakthrough Academy updates or replaces the terms of this Agreement, we will notify you via electronic means, which may include an email. If you don’t agree with the revised Agreement, you can choose to terminate this Agreement.
You further agree that:
- To the extent any part or sub-part of this Agreement is deemed ineffective or invalid by any court of law, you agree that the prior, effective version of this Agreement shall be considered enforceable and valid to the fullest extent
- You agree to routinely monitor this Agreement, referring to the Effective Date posted at the top of this Agreement to note any modifications or variations. This includes clearing your cache when doing so to avoid accessing prior versions of this Agreement.
12) RELATIONSHIP OF THE PARTIES: This Agreement, and the terms within, are not to be construed as forming any partnership, joint venture, agency, franchise or employment relationship. You are independent of Activate Breakthrough and will remain so at all times.
13) ACCEPTABLE USE: You agree not to use the Affiliate Program or Activate Breakthrough for any unlawful purpose or any purpose prohibited under this clause. You agree to uphold Activate Breakthrough and not use the Affiliate Program in any way that could damage us, the website, products, services of the general business of Activate Breakthrough.
Furthermore, you agree to not use the Affiliate Program to:
- Harass, abuse, or threaten others or otherwise violate any person’s legal rights
- Violate any intellectual property rights of Activate Breakthrough or any third parties
- Upload or otherwise spread any computer viruses or any other software that may damage the property of another
- Perpetrate any fraud or be deemed involved in any Fraud
- Engage in or create unlawful gambling, sweepstakes or pyramid schemes
- Distribute or publish any obscene or defamatory violence, hate, harassment or abuse
- Publish or ditrsibute any material that incites violence, hate or discrimination towards any group
- Unlawfully gather information about others
- Cross promote or direct message members to promote your external businesses
14) AFFILIATE OBLIGATIONS & COMPLIANCE: You are responsible for ensuring operation and maintenance of the Affiliate Site, including technical operations, written claims, links, and accuracy of materials.
You must ensure, as noted above, that the Affiliate Site does not infringe upon the intellectual property rights of any third party or otherwise violate any legal rights. We may monitor your account, as well as clicks and/or purchases coming through your account. If we determine you are not in compliance with any of these the terms of this Agreement, we have the right to immediately terminate your participation in the Affiliate Program.
You agree to not use Activate Breakthrough to cross promote or direct message people into another direct selling or multi level marketing business. Or any other offer or services unless pre apporved by Activate Breakthrough.
We require that you either use URL shortening or domain forwarding with your affiliate links in your marketing. No ‘Activate Breakthrough’ affiliate links are to be publicly posted/ used in marketing without being shortener (i.e via using something like bit.ly etc) or domain forwarding from your affiliate link a domain you own.
This is to ensure we protect the entire Activate Breakthrough brand and all domain names associated with it.
We also require that you implement adequate organizational and technical measures to ensure an appropriate level of security for the data that you process. Further, you hereby agree to comply with any requests which we may make to you regarding compliance with the General Data Protection Regulation or requests which you may receive from data subjects .If we find you are not in compliance with any of the requirements of this sub-part, we may terminate our relationship with you at our sole and exclusive discretion.
15) REVERSE ENGINEERING & SECURITY: You agree not to undertake any of the following actions:a) Reverse engineer, or attempt to reverse engineer or disassemble any code or software from or on any of our websites or services;b) Violate the security of any of our websites or services through any unauthorized access, circumvention of encryption or other security tools, data mining or interference to any host, user or network.
16) DATA LOSS: You agree that your participation in the Affiliate Program is at your own risk. Activate Breakthrough Academy does not accept responsibility for the security of your account or content.
17) INDEMNIFICATION: You agree to defend and indemnify Activate Breakthrough and any of its agents (if applicable) and hold us harmless against any and all legal claims and demands, including reasonable attorney’s fees, which may arise from or relate to your use or misuse of the Affiliate Program, your breach of this Agreement, or your conduct or actions. You agree that the Company shall be able to select its own legal counsel and may participate in its own defense, if the Company wishes.
18) SPAM POLICY: You are strictly prohibited from using the Affiliate Program for illegal spam activities, including gathering email addresses and personal information from others or sending any mass commercial emails.
19) ENTIRE AGREEMENT: This Agreement constitutes the entire understanding between the Parties with respect to the Affiliate Program. This Agreement supersedes and replaces all prior or contemporaneous agreements or understandings, written or oral.
20) SERVICE INTERRUPTIONS: The Company may need to interrupt your access to the Affiliate Program to perform maintenance or emergency services on a scheduled or unscheduled basis. You agree that your access may be affected by unanticipated or unscheduled downtime, for any reason, but that the Company shall have no liability for any damage or loss caused as a result of such downtime.
21) NO WARRANTIES: Use of the Affiliate Program is at your sole and exclusive risk. Any services provided by us are on an ‘as is’ basis. Activate Breakthrough hereby disclaims any and all express or implied warranties of any kind. The Company makes no warranties that the Affiliate Program will meet your needs, or that it will be uninterrupted, error free or secure. We also make no warranties to the reliability or accuracy of any information. You agree to this. You also agree that any damage that may occur to your computer system or as a result of any lost data is not liable by the Company. The use of the Affiliate Program is your sole responsibility and the Company is not liable for any such damage or loss.
22) LIMITATION ON LIABILITY: Activate Breakthrough is not liable for any damages that may occur to you as a result of your participation in the Affiliate Program, to the fullest extent permitted by law. The maximum liability of the Company arising from or relating to this Agreement is limited ninety seven ($97) US Dollars. This section applies to any and all claims by you, including, but not limited to, lost profits or revenues, consequential or punitive damages, negligence, strict liability, fraud, or torts of any kind.
23) GENERAL PROVISIONS:
- A) LANGUAGE: All communications made or notices given pursuant to this Agreement shall be in the English language.
- B) ASSIGNMENT: This Agreement, or the rights granted hereunder, may not be assigned, sold, leased or otherwise transferred in whole or part by you. Should this Agreement, or the rights granted hereunder, by assigned, sold, leased or otherwise transferred by the Company, the rights and liabilities of the Company will bind to any assignees, administrators, successors, and executors.
- C) SEVERABILITY: If any part or sub-part of this Agreement is held invalid or unenforceable by a court of law or competent arbitrator, the remaining parts and sub-parts will be enforced to the maximum extent possible. In such condition, the remainder of this Agreement shall continue in full force.
- D) NO WAIVER: In the event that we fail to enforce any provision of this Agreement, this shall not constitute a waiver of any future enforcement of that provision or of any other provision. Waiver of any part or sub-part of this Agreement will not constitute a waiver of any other part or sub-part.
- E) HEADINGS FOR CONVENIENCE ONLY: Headings of parts and sub-parts under this Agreement are for convenience and organization, only. Headings shall not affect the meaning of any provisions of this Agreement.
- F) FORCE MAJEURE: The Company is not liable for any failure to perform due to causes beyond its reasonable control including, but not limited to, acts of God, acts of civil authorities, acts of military authorities, riots, embargoes, acts of nature and natural disasters, and other acts which may be due to unforeseen circumstances.
- G) ELECTRONIC COMMUNICATIONS PERMITTED: Electronic communications are permitted to both Parties under this Agreement, including e-mail. For any questions or concerns, please email us at the following address: help@activatebreakthrough.com.