Harv Eker International Affiliate Agreement
WHEREAS, Harv Eker International has established a program to recognize and reward individuals (hereinafter "Affiliates") who refer new clients to Harv Eker International products and programs, and,
WHEREAS, Affiliate's have the ability and desire to promote and market Harv Eker International products and programs to third parties not previously clients of Harv Eker International,
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
The Affiliate shall promote Harv Eker International products and programs in accordance with the current promotional opportunity set forth in Appendix "A," attached hereto and incorporated herein by this reference. In consideration of such referrals, Harv Eker International shall pay to the Affiliate the Bonus (as used in this Agreement, the terms "bonus" and "commission" are interchangeable and each shall include the other) set forth in Appendix "A." The Affiliate bonus program set forth herein is restricted to a participant 18 years of age in the Affiliate Program.
The Affiliate shall promote and market Harv Eker International products using only promotional materials supplied by, or purchased from, Harv Eker International. The Affiliate acknowledges that such Harv Eker International materials are the intellectual property of Harv Eker International and are protected by trademark and/or copyright, and may not be reproduced without the express, written consent of Harv Eker International. The Affiliate shall submit for approval of Harv Eker International, prior to use, any marketing or promotional materials not provided by Harv Eker International. Harv Eker International shall not unreasonably withhold its approval of such materials, but Harv Eker International shall have the exclusive right to determine the acceptability of such materials. In the event of use of unauthorized marketing materials, or misuse of Harv Eker International approved marketing materials, Affiliate s shall, upon demand being made by Harv Eker International, promptly correct or remove any and all unauthorized marketing materials from their use, in any format. Failure to comply with Harv Eker International approved marketing may, in the discretion of Harv Eker International, result in removal of the Affiliate from this program and forfeiture of any bonuses earned.
Affiliate's shall be compensated only for their own direct referrals and not for subsequent referrals made by those individuals. Affiliates shall not be entitled to referral fees based upon their own program purchase or participation in any capacity in their referrals programs. Affiliate's shall be entitled to commissions for referrals made subsequent to the date of the Affiliate 's registration for the Affiliate program only. No commissions shall be considered earned for any referrals made prior to Affiliate's participation in this program.
All Affiliate bonus payments shall be made in US dollars. Payment of bonuses based upon payment for programs made in currencies other than US dollars shall be subject to conversion at exchange rates prevailing at the time of payment.
Affiliate's shall receive commissions for any and all clients who buy a product or program listed at www.harvekerinternational.com. Registrations made by referred clients shall be tracked to their referring Affiliate through the use of computer "cookies." Clients may change Affiliate's, or may register through other Affiliate links, which will also be tracked by computer "cookies." In such event, commissions shall be based upon whichever Affiliate is linked to the "cookie" associated with client's purchase. Unless overridden by a subsequent "cookie"-Affiliate link, a client shall remain a referral of the original referring Affiliate . Registrations for free programs (e.g., web- or telecast presentations) are not commissionable. In the case that an Affiliate 's referral mistakenly tracks themselves to another Affiliate , the client has 3 business days post their purchase to contact client support online and have this corrected. Once this 3 day window is closed, the last cookie is final.
The Affiliate shall maintain a current email address through the Affiliate website. The Affiliate shall be responsible for the accuracy of all Affiliate information entered into the website system. Harv Eker International shall not be liable for errors in the entry of Affiliate information by Affiliate s or by referred clients when registering for Harv Eker International courses or events through the Affiliate website link.
The Affiliate agrees to file and remit any and all applicable federal, state or provincial tax returns and payments due on Bonuses paid, and shall hold Harv Eker International harmless from any claims or demands for failure to report or remit taxes due by them for Bonuses paid under this program. The Affiliate agrees to abide by the Harv Eker International Terms and Conditions, Privacy and Anti-Spam Policies as posted on the Harv Eker International website, and as modified from time to time.
Affiliate's acknowledge that in entering into this agreement the parties hereto are independent contractors and entities, and no partnership, agency, employment or representative capacity is created or intended hereby. Affiliates shall not represent themselves to be agents or representatives of Harv Eker International.
Affiliate's may withdraw from the program at any time by notifying Harv Eker International, in writing or by email at firstname.lastname@example.org. Withdrawal shall be effective upon receipt by Harv Eker International of the Affiliate's election to withdraw.
Harv Eker International reserves the right to modify the terms of this Agreement from time to time. The Affiliate shall be notified by email of any material changes to the Agreement. Harv Eker International reserves the right at any time, and in its sole discretion, to terminate this Agreement with regard to any individual Affiliate and the right to terminate the Internet Affiliate program in its entirety.
Participation in the Affiliate Program shall be considered to be de facto proof of the Affiliate 's acceptance of all of the terms of the Agreement. This agreement sets forth all of the terms of the Internet Affiliate Agreement. No oral or written agreements or understandings not expressly set forth herein shall have any effect. This Agreement shall supersede all previous oral or written Affiliate Agreements, and the terms set forth herein shall be considered controlling. Should any individual term of this Agreement be deemed unenforceable, such invalidity shall not affect the enforceability of any remaining terms and conditions.
Harv Eker International shall have no liability for any direct, indirect or consequential damages or losses of revenues or profits arising under or relating to this Agreement or the Internet Affiliate Program.
Participation in the Affiliate program shall be considered de facto permission for Harv Eker International, or Independent Contractors acting on behalf of Harv Eker International including but not limited to Master Affiliates, to contact Affiliates by telephone, mail or email for purposes related to the Affiliate program; and participation in the Affiliate program shall constitute the granting of permission to Harv Eker International to provide such Independent Contractors with such Affiliate contact information.
Affiliate's acknowledge that information of a confidential and proprietary nature regarding clients they have referred to Harv Eker International may be provided to Affiliates, either directly by such clients, or by the company, including client names, contact and financial or transactional information relating to referred registrations. Affiliates hereby acknowledge that any such confidential information disclosed to them shall remain the property of such clients and of Harv Eker International, and that Affiliates shall hold in confidence all such confidential information, using it only for purposes authorized by Harv Eker International or its clients related to such referrals and resulting registrations under this program, and shall not use such information for the Affiliates' personal benefit or the benefit of any third party.
Any questionable behaviour or conduct which is out of integrity with the Affiliate program policies and procedures, or which is determined to be intended to undermine or avoid application of such policies and procedures, will be flagged and reviewed by Harv Eker International Staff and the Affiliate program management. If such Affiliate behavior is found to be suspicious activity, in violation of our Agreement or conflicting with our terms, the Affiliate will be immediately removed from the program and commissions will not be issued.
Affiliates are not permitted to use any keyword based advertising (such as search engine PPC) targeting a keyword of any of Harv Eker International brands (For example, you may not target the keyword "T. Harv Eker" in your PPC campaign or target T. Harv Eker's facebook fan page).
APPENDIX A: CURRENT PROMOTIONAL OPPORTUNITY
Affiliate Bonuses – Qualification
Harv Eker International reserves the right to add or discontinue courses, or coaching programs at any time. Harv Eker International reserves the right to change the rate of Bonuses from time to time and shall notify the Affiliates by email in the event of a change in such rate.
Affiliate's must complete and submit to Harv Eker International either a W9 tax form, if resident in the United States, or a W8 tax form, if not resident in the United States. Receipt of appropriate tax form is an absolute precondition to any commission payment.
If a tax form is not received from an Affiliate, and commissions are payable, a Harv Eker International representative will contact the Affiliate to issue a reminder of the tax form requirement. If such form is not provided within 6 months of commissions being earned, the Affiliate will be removed from the pending commission list until the form is provided.
Affiliates shall not be entitled to Bonuses for referrals on sales for which a refund is made by Harv Eker International. Any adjustments necessitated by such refunds shall be reflected on the Affiliates next scheduled Bonus payment date.
The following shall not be subject to bonus or commission: transfer fees, finance fees, tax or tax fees, and certificates applied.
Payments are made on a 30-day delay. You will be paid on the 15th of every month. That payment will include 90% of your commissions from commissions earned between the 1st and 15th of the month. The other 10% will be held back due to refund policies greater than 30 days. On your next month's commission, you will be paid the remainder 10% plus 90% of your new commissions.
Ex. Your January 5th sale and commission is $100. On February 15th you will get $90 and then on March 15th you will get $10 assuming there was no refund.