The Elite Gifted Tribe Affiliate Agreement
THE AGREEMENT:
This partnership agreement (from now on referred to as the "Agreement") is provided by The Elite Gifted Tribe. The main website address is https://www.theelitegiftedtribe.com however we have several additional referring domains from affiliates to our training webinars. The agreement is a legal document between you and The Elite Gifted Tribe that describes the partnership.
This agreement includes your responsibilities as a partner and our duties to you. Please ensure that you have read this document and understand it fully (by seeking legal counsel if you wish), as every part of this agreement is essential and affects our mutual partnership.
1) DEFINITIONS: We can provide the following definitions:
a) The Company, The Elite Gifted Tribe 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 The Elite Gifted Tribe
b) The Affiliate, you will be referred to as: the "Affiliate, You, Your, or Yours.”
bc) Parties: the parties to this Agreement (The Elite Gifted Tribe and You) will be referred to as "Parties" or individually as "Party."
bd) Website: The primary website we've noted above will be referred to as Website (www.theelitegiftedtribe.com).
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: By submitting your application to our affiliate program, you agree to the terms and conditions described in this agreement. Applying constitutes acceptance of this agreement. If you disagree to be bound by this agreement, please leave this page and not apply to be an affiliate or partner of The Elite Gifted Tribe.
To register for our affiliate program, you must first register for a PayPal account. We partner with PayPal.com to best manage all payments and subscriptions. You will need to create an affiliate link which will ask for your PayPal email from commission payments to be made into.
You did not automatically register as an affiliate when you signed up for The Elite Gifted Tribe. You must create a The Elite Gifted Tribe affiliate account by heading to create your affiliate link page in the menu on your dashboard, and through this you will be able to promote the training platform. Your application will be accepted upon request.
The Elite Gifted Tribe reserves the right to reject applications received through the affiliate program without reason. If the application is rejected, you will be notified accordingly. The Elite Gifted Tribe also reserves the right to remove affiliate status if it deems necessary due to improper use, failure to comply with the agreements referred to in this document and/or vice versa without prior notice.
4) NON-EXCLUSIVITY: This Agreement does not create an exclusive relationship between you and us. You can partner with similar affiliate program providers in any category. This Agreement does not impose any restrictions on whoever or with whom we can work.
5) AFFILIATE PROGRAM: After registering for the affiliate program, you must ensure that your account is fully configured, including certain payment information. Payments are made on the 1st working day of each calendar month via Paypal, all commissions will be paid that are outside of the refundable period.
Please note that an overview of the affiliate program is given below. Everything contained in this subsection is subject to the specific terms of the remainder of this Agreement.
Affiliate links:Once you have been accepted to promote our affiliate sales funnels. We provide you with a particular link or multiple links to promote our sales funnel(s) and marketing materials and they will be located inside your affiliate account, they are personalised for you for your unique tracking link.
The affiliate link is entered into your account and sends the online user to the website or company website. As a result of this, you agree to cooperate fully with us concerning the Link and that you strictly comply with all terms of this Agreement to promote affiliate-links at all times. We may change certain links over time, and we will let you know when we do. You agree only to use the links that we have previously agreed to.
No cookie filling: You agree not to use cookie filling or other techniques that allow code to be tracked without the online user's specific knowledge.
Commission: You are entitled to the following 34% recurring commission for all new members who join The Elite Gifted Tribe via your link.
6) PAYOUT INFORMATION: Payment is only available when the company enters your payment details (payment is initially made via PayPal).
PayPal will send you a receipt and email for commissions paid into your account.
Payments are available in the month or period of receipt and are paid on the 1st working day of the month. For example, the any commissions made within a calendar month will be paid on the 1st working day of the next month.
We expressly reserve the right to change payment information at our sole discretion. In this case, you will be notified. All payment disputes must be reported to the company within 30 days of receipt of payment. We will review each dispute resolution as well as the underlying withdrawal transaction. Disputes submitted after 30 days of income will not be considered.
7) REPORTS: You can log into your affiliate account to view reports about your affiliates, such as commissions and sign ups leads. However, please note that not all eligible clicks and/or purchases listed have been fully verified. The report's accuracy is visible to you in real-time and, therefore, can be changed before payment.
8) TERM, TERMINATION & SUSPENSION: This Agreement begins when you have been approved for the affiliate program. Either party can terminate this at any time with or without reason. You will only receive affiliate commissions if you are an active affiliate (i.e., you are approved, and the Agreement is still in effect).
If either party terminates the contract, you will receive the accrued payments before the termination date. The Elite Gifted Tribe reserves the right to terminate this Agreement without prior notice if you violate any of the terms set out in this Agreement. You will lose your right to unsolicited payments if any of the terms set out in this Agreement or on our website is violated.
9) INTELLECTUAL PROPERTY: You agree that tracking The Elite Gifted Tribe's intellectual property includes all copyrights, trademarks, trade secrets, patents, and other Company's intellectual property rights ("CORPORATE RIGHTS"). As a result, you receive a non-exclusive, non-transferable, and revocable license to access our website and The Elite Gifted Tribe platform in connection with the affiliate program and use your company IP only to identify our Company and the The Elite Gifted Tribe brand. You agree not to change, change or modify the Company's IP address in any way.
Suppose we discover that you are using Company intellectual property in a manner inconsistent with this Agreement. In this case, we reserve the right to terminate the contract as described above without prior notice.
You may not use your IP or similar versions without our prior written permission (this includes anything that may confuse users, i.e., using company IP in any version is a domain name or website, keywords or Ads, etc.)
You agree not to use "The Elite Gifted Tribe" under your site/account/group/event name or other social media advertising platform. You agree not to use The Elite Gifted Tribe in paid advertising.
Please note that unauthorised use of The Elite Gifted Tribe IP is illegal, and we reserve all rights, including the right to sue you. You may need to pay monetary compensation or court fees. As a result, you grant us a non-exclusive license to use your name, trademark, and service mark, if any, and other business IP addresses to promote our affiliate program.
10) MODIFICATION & VARIATION: The Elite Gifted Tribe reserves the right to change this Agreement at any time. You agree that The Elite Gifted Tribe reserves the right to change and revise anything contained in this Agreement. You further agree that any changes to this Agreement will be fully effective and practical immediately after the revised Agreement is posted on our website. Any changes or modifications will replace the previous version unless an earlier version is specifically stated in the most recent amended version of the Agreement.
If The Elite Gifted Tribe updates or changes the terms of this Agreement, we will notify you electronically, including by email. If you disagree with the revised Agreement, you can terminate this Agreement.
11) RELATIONSHIP OF THE PARTIES: This Agreement and its terms are not intended to constitute a partnership, joint venture, agency, franchise, or employment relationship.
12) ACCEPTABLE USE: You agree not to use affiliate programs or The Elite Gifted Tribe for illegal or prohibited purposes under this clause. You agree to support The Elite Gifted Tribe and not use the Affiliate Program in any way that could harm us, BThe Elite Gifted Tribe website, products, and general business services.
Besides, you also agree to not use the Affiliate Program to:
1. Harass, abuse, or threaten others or violate someone's legal rights
2. You violate the intellectual property rights of The Elite Gifted Tribe or any third party
3. Upload or distribute computer viruses or other software that can harm the property of others
4. Committing or suspecting fraud
5. Participate in or create illegal gambling programs, lotteries, or pyramids
6.Distribute or post violence, hatred, harassment, or harassment that is obscene or defamatory
7. Post or distribute material that incites violence, hate, or discrimination against a group
8. Do not collect information about other people properly
9. Member cross-advertising or direct messages to promote your outside business.
13) OBLIGATIONS: You are responsible for ensuring the operation and maintenance of the affiliate website, including technical operations, written claims, links, and materials' accuracy.
As noted above, you must ensure that the affiliate site does not violate any third party's intellectual property rights or violate any legal rights. We can monitor your account and the clicks and/or purchases made through your account. If we find that you do not comply with any of the terms of this agreement, we immediately reserve the right to terminate your participation in the affiliate program.
You agree not to use The Elite Gifted Tribe to promote to our members with direct selling, multilevel marketing, or refer them to any other company. You understand that The Elite Gifted Tribe cannot be used solely for your own tiered direct selling/marketing business without being part of the highest conversion offers we work on, or the highest conversion has an exclusive agreement. You agree and understand that you will no longer promote as a direct selling company once you become a leader in the business with the most converting offers.
When you become an Affiliate, it will be removed from The Elite Gifted Tribe. If you want to promote more than one company at multiple levels using direct marketing or selling, it's at your discretion, but we don't recommend it. And once you've attained leadership status, as previously mentioned, this is no longer allowed.
We ask you to use short URLs or redirect domains with your affiliate link in your marketing. No "The Elite Gifted Tribe" affiliate link may be published/used in marketing without abbreviations (i.e., using bit.ly, etc.) or by referencing a domain from your affiliate link to a domain you own.
This ensures that we protect the entire The Elite Gifted Tribe brand and all domain names associated with it.
We also ask that you take appropriate technical and organisational measures to ensure a proper security level for the data you process. Besides, you agree to comply with any requests we make regarding compliance with the General Data Protection Regulations or recommendations you may receive from data subjects. If we determine that you do not meet any of the requirements in this section, we may terminate our relationship with you at our sole discretion.
14) SECURITY: You agree not to do the following: a) redesign or attempt to redesign or disassemble any code or software from or on our website or services; b) Breach of the security of our website or services through unauthorised access, bypassing encryption or other security means, data retrieval or intrusion of hosts, users or networks.
15) DATA LOSS: You agree that your participation in the affiliate program is at your own risk. The Elite Gifted Tribe is not responsible for the security of your account or content.
16) INDEMNIFICATION: You agree to defend and indemnify The Elite Gifted Tribe and its agents (if applicable) and indemnify us from all legal claims and claims, including reasonable attorney's fees, arising out of or by partner use or abuse. Your violation of this agreement, or your behaviour or actions. You agree that the Company may choose its legal counsel and attend its defence if it wishes.
17) SPAM POLICY: You are strictly prohibited from using the Affiliate Program for any illegal spam activity, including collecting email addresses and personal information from others or sending bulk commercial emails.
18) ENTIRE AGREEMENT: This agreement represents the entire agreement between the contracting parties concerning the Partnership Program. This agreement supersedes and supersedes all prior written or oral agreements or understandings or at the same time.
19) SERVICE INTERRUPTIONS: The Company may need to block your access to partner programs to perform scheduled or unscheduled maintenance or emergency services. You agree that your access may be affected by an unexpected or unplanned interruption for any reason. However, the Company will not be responsible for any damage or loss caused by such downtime.
20) NO WARRANTIES: Use of the affiliate program is at your own and exclusive risk. All the services we provided are "as is”. The Elite Gifted Tribe reject any guarantees, expressed or implied. The Company does not guarantee that the affiliate program will meet your needs or be sustainable, error-free, or secure. We also do not guarantee the reliability or correctness of any information. You agree with that. You also agree that any damage that may occur to your computer system or data loss is not the Company's responsibility. The affiliate program's use is your sole responsibility, and the Company will not be responsible for such damage or loss.
21) LIMITATION ON LIABILITY: The Elite Gifted Tribe is not responsible for any damage you may suffer due to your participation in the affiliate program, to the extent permitted by law. The Company's maximum liability under or connected with this Agreement is limited to AUD - one hundred and nineteen dollars ($119).
This section applies to all of your claims, including, but not limited to, loss of profit or income, consequential damages or penalties, negligence, strict liability, fraud, or error of any kind.
