Affiliate Agreement

Introduction

Welcome to The No More 9 to 5 Club Affiliate Program. By registering and participating in our Affiliate Program, you agree to the terms and conditions outlined in this Affiliate Agreement (“Agreement”).

Definitions

The parties referred to in this Agreement shall be defined as follows:

a) Company, Us, We: As we describe above, we'll be referred to as the Company. Us, we, our, ours and other first-person pronouns will also refer to the Company, as well as all employees or legal agents of the Company.

b) You, 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 (the Company 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 fully completed form which must be provided to us for consideration of your inclusion in the Affiliate Program.

f) Website: The primary website we've noted above will be referred to as Website.

Acceptance of Terms

By clicking “I Agree,” you acknowledge and agree to comply with this Agreement.

1. Affiliate Obligations

1.1. As an Affiliate, you are required to promote our services/products ethically.

1.2. Making false or misleading representations about our services/products is prohibited.

1.3. You must comply with all applicable laws and regulations.

2. Commission Structure

All Memberships

Basic and Professional Membership Tier 1: All affiliates, regardless of their membership level, earn a 33% commission for each sale of any membership made through their unique referral link.

Professional Membership Additional Tier

Tier 2: Professional members earn an additional 33% commission on sales made by affiliates they have referred to the program (their "Tier 2" affiliates).

Higher Ticket Offers

Tier 1: Affiliates earn a 10% commission on high-ticket items sold through their link. Tier 2: Professional members earn a 2% commission on high-ticket items sold by their Tier 2 affiliates.

Payment Terms

Commission payments will be made according to the payment schedule outlined in this Agreement.

3. Intellectual Property

3.1. Affiliates are granted a limited, non-exclusive right to use our trademarks and branding for promotional purposes under this Agreement.

You agree that the intellectual property owned by the Company includes all copyrights, trademarks, trade secrets, patents, and other intellectual property belonging to the Company.

Subject to the limitations listed below, we hereby grant you a non-exclusive, non-transferable, revocable license to access our websites in conjunction with the Affiliate Program and use the Company IP solely and exclusively in conjunction with identifying our company and brand on the Affiliate Site to send customers to the Affiliate links we provide. You may not modify the Company IP in any way and you are only permitted to use the Company IP if you are an Affiliate in good standing with us.

We may revoke this license at any time and if we find that you are using the Company IP in any manner not contemplated by this Agreement, we reserve the right to terminate this Agreement.

Other than as provided herein, you are not permitted to use any of the Company IP or any confusingly similar variation of the Company IP without our express prior written permission. This includes a restriction on using the Company IP in any domain or website name, in any keywords or advertising, in any metatags or code, or in any way that is likely to cause consumer confusion.

Please be advised that your unauthorized use of any Company IP shall constitute unlawful infringement and we reserve all of our rights, including the right to pursue an infringement suit against you in federal court. 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 and other business intellectual property to advertise our Affiliate Program.

4. Term and Termination

4.1. This Agreement remains effective until terminated by either party.

4.2. Termination can occur at any time, with or without cause.

5. Confidentiality

5.1. Affiliates must keep any proprietary information received confidential.

6. Limitation of Liability

6.1. We will not be liable for indirect or incidental damages related to this Agreement.

7. Indemnification

7.1. You agree to defend and indemnify the Company 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.

8. Modifications

8.1. The Company may, from time to time and at any time, modify this Agreement. You agree that the Company has the right to modify this Agreement or revise anything contained herein. You further agree that all modifications to this Agreement are in full force and effect immediately upon posting on the Website and that modifications or variations will replace any prior version of this Agreement, unless prior versions are specifically referred to or incorporated into the latest modification or variation of this Agreement. If we update or replace the terms of this Agreement, we will let you know via electronic means, which may include an email. If you don't agree to the update or replacement, you can choose to terminate this Agreement as described below.

a) To the extent any part or subpart of this Agreement is held 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.

b) You agree to routinely monitor this Agreement and refer to the Effective Date posted at the top of this Agreement to note modifications or variations. You further agree to clear your cache when doing so to avoid accessing a prior version of this Agreement.

9. Governing Law

9.1. The laws of the State of Florida govern this Agreement, without giving effect to any principles of conflicts of laws. You agree that any action at law or in equity arising out of or relating to this Agreement or the Site shall be filed, and that venue properly lies, only in the State or Federal courts located in Palm Beach County, State of Florida, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.

Agreement

By clicking “I Agree,” you confirm your understanding and acceptance of the terms and conditions of this Agreement.

[ ] I Agree