Affiliate Agreement
Effective Date: August 24, 2023
This Affiliate Agreement (the "Agreement") sets forth the terms and conditions governing your participation as an independent affiliate ("Affiliate") of CopyAndContent.AI and Guaranteed Response Marketing, LLC ("Company"). By clicking "I Accept the Terms and Conditions" and submitting your application, you acknowledge that you have read, understood, and agree to be bound by the terms of this Agreement.
1. Affiliate Program: The Company may offer you the opportunity to become an Affiliate, allowing you to earn additional income by promoting and selling CopyAndContent.AI and Guaranteed Response Marketing, LLC products, services, and accounts.
2. Compensation: The Company retains the exclusive right to determine the remuneration for each Affiliate based on their efforts. Details regarding Affiliate commissions are further explained in this Agreement. Please also refer to the CopyAndContent.AI and Guaranteed Response Marketing, LLC Terms of Service, which apply to your role as an Affiliate, unless expressly provided otherwise.
3. Application and Acceptance: To participate in the Affiliate program, you must submit an application and indicate your acceptance of this Agreement by clicking "I Accept the Terms and Conditions." Upon acceptance by Company, you become a recognized Affiliate of the Company.
4. Responsibilities and Obligations: As an Affiliate, you agree to ethically and responsibly promote and market the Company's products, services, and accounts in compliance with applicable laws and regulations. You are responsible for your own marketing efforts, including any costs incurred, and should conduct yourself professionally at all times.
5. Termination: Either party may terminate this Agreement at any time, with or without cause, by providing written notice to the other party. Upon termination, you will no longer be eligible for Affiliate commissions, and any outstanding compensation will be paid according to the Company's prevailing policies. IF TERMINATION IS DETERMINED TO BE "FOR CAUSE," NO COMMISSIONS WILL BE PAID AND ALL REMAINING COMMISSIONS SHALL BE FORFEITED BY AFFILIATE.
If you cancel or refund your Elite CopyandContent.AI subscription, your participation in the Affiliate Program is terminated. Upon termination, you will no longer be eligible for Affiliate commissions, and any outstanding compensation will be paid according to the Company's prevailing policies.
6. Confidentiality: You agree to maintain the confidentiality of any proprietary or confidential information provided by the Company, including but not limited to customer data, marketing strategies, and trade secrets. Such information shall be used solely for the purpose of promoting the Company's products and services.
7. Nature of Relationship: This Agreement does not create an employer-employee relationship between you and the Company. As an Affiliate, you are an independent contractor of CopyAndContent.AI and Guaranteed Response Marketing, LLC. You are solely responsible for your own taxes, insurance, and other obligations arising from your activities. Furthermore, this Agreement does not create a principal-agent relationship. You do not have the authority to act on behalf of or legally bind CopyAndContent.AI and Guaranteed Response Marketing, LLC in any manner, nor do you have a share in its profits or losses. The compensation outlined in this Agreement shall be the sole remuneration available to you. You are fully responsible and liable for all your actions or omissions as an independent contractor.
8. Consent To Receive Communication: By submitting your application, you explicitly consent to receiving communications regarding your application and the Affiliate program at the email address and phone number provided. These communications may be sent by CopyAndContent.AI and Guaranteed Response Marketing, LLC or a third party acting on behalf of CopyAndContent.AI and Guaranteed Response Marketing, LLC. Such communications may include automated dialing systems, text messages, and artificial or pre-recorded messages.
9. Payment & Compensation: Upon approval of your Affiliate application by CopyAndContent.AI and Guaranteed Response Marketing, LLC, you will be assigned a unique Affiliate ID. This Affiliate ID will be embedded in the URLs used to promote CopyAndContent.AI and Guaranteed Response Marketing, LLC. Through this program, you have the opportunity to earn a commission for each registered sale ("Sale") made using your Affiliate ID.
In the event that a prospect ("Prospect") has multiple Affiliate cookies ("Cookies"), the most recent Cookie will determine the credited Affiliate for a Sale. Once a Sale is associated with an Affiliate ID, it cannot be attributed to another Affiliate ID.
Provided that your Customer Account (defined as a user profile in CopyAndConten.AI) remains in good standing within forty-five (45) days of the Sale, you will receive a commission for each qualifying Customer Account that generates a payment to CopyAndContent.AI and Guaranteed Response Marketing, LLC in a given month ("Commission"). Commission payments, unless otherwise specified in this Agreement, will be made on or around the 15th of each month following CopyAndContent.AI and Guaranteed Response Marketing, LLC's receipt of payment for a Customer Account, subject to the terms herein. If the 15th falls on a holiday, Commission payments will be made on or about the next business day. Commissions are calculated based on the fees received by CopyAndContent.AI and Guaranteed Response Marketing, LLC, excluding sales taxes.
The commission rates for promoting CopyAndContent.AI and Guaranteed Response Marketing, LLC are as follows:
* 35% Commission on sales made during that month (new or recurring).
All Commissions will be paid exclusively in U.S. Dollars (USD) via PayPal. Processing fees associated with certain payment methods may be deducted from your Commissions.
You are solely responsible for complying with all tax laws in your respective jurisdiction(s), including but not limited to the payment of required taxes and the filing of necessary returns and documents with the relevant governing body(ies).
No Commissions will be paid for payments made on your own user account(s) as an Affiliate. Opening a CopyAndContent.AI and Guaranteed Response Marketing, LLC account under another person's or entity's name, a fictitious name, or solely for the purpose of obtaining Commissions or other compensation is strictly prohibited. You may not pay for another person's or entity's account, offer cash rebates or monetary incentives to secure Sales, or maintain more than one (1) CopyAndContent.AI and Guaranteed Response Marketing, LLC Affiliate account, including affiliated businesses or subsidiaries. Violation of this provision will result in termination of your accounts, forfeiture of ALL pending Commissions, and termination of this Agreement by CopyAndContent.AI and Guaranteed Response Marketing, LLC.
Commissions are only paid for actual transactions between CopyAndContent.AI and Guaranteed Response Marketing, LLC and a Sale where payment is received by CopyAndContent.AI and Guaranteed Response Marketing, LLC. If a refund or chargeback is issued for a payment related to a Customer Account for which you received a Commission, the Commission amount will be deducted from your future Commissions.
In the event that CopyAndContent.AI and Guaranteed Response Marketing, LLC determines,in good faith and in its sole discretion, that any Sale was obtained fraudulently or in violation of this Agreement or applicable laws, no Commission will be earned or paid for such Sale. For past Sales, payment amounts will be deducted from your future Commissions. CopyAndContent.AI and Guaranteed Response Marketing, LLC reserves the right to immediately terminate this Agreement without notice if such a determination is made, with no liability to you for such termination.
10. Advertising Rules
These Advertising Rules apply to all Affiliate activities:
A. General Compliance: Affiliate must adhere to all applicable laws and regulations, including those governing deceptive and misleading advertising, email marketing (including CAN-SPAM Act), data protection (such as GDPR, U.K. Data Protection Act, and California Consumer Privacy Act), testimonials (including FTC's Revised Endorsements and Testimonials Guides), and guidelines issued by the FTC. Affiliate is solely responsible for ensuring compliance with all laws. Claims made by Affiliates about CopyAndContent.AI and Guaranteed Response Marketing, LLC products and services must align with the marketing materials provided by CopyAndContent.AI and Guaranteed Response Marketing, LLC on its website. Affiliate is prohibited from telemarketing, faxing, or sending text messages as advertising methods. Monetary incentives, rewards, or prizes in exchange for Prospect responses or sales are not allowed. CopyAndContent.AI and Guaranteed Response Marketing, LLC retains discretion to determine Affiliate's compliance with laws without providing advice on such matters or any notice whatsoever.
B. Disclosure: On any website where Affiliate advertises CopyAndContent.AI and Guaranteed Response Marketing, LLC products or services, a clear and prominent disclaimer which states a) the nature of the affiliate relationship, b) the source and ownership of your statements and opinions as your own, and c) the fact that you receive payment from CopyAndContent.AI and Guaranteed Response Marketing, LLC,must be displayed. Example:
"Disclosure: I am an independent CopyAndContent.AI and Guaranteed Response Marketing, LLC Affiliate, not an employee. I receive referral payments from CopyAndContent.AI and Guaranteed Response Marketing, LLC. The opinions expressed here are my own and are not official statements of CopyAndContent.AI and Guaranteed Response Marketing, LLC or its parent company, Guaranteed Response Marketing, LLC."
C. Non-Disparagement: Affiliate must refrain from making negative comments or disparaging CopyAndContent.AI and Guaranteed Response Marketing, LLC products, services, affiliates, or any other person or entity.
D. Linking or Use Of Domain Names: AFFILIATES MUST NOT DIRECTLY LINK TO COPYANDCONTENT.AI AND GUARANTEED RESPONSE MARKETING, LLC SALES PAGES FROM PAID ADVERTISING. All links must pass through an intermediary page or site ("Landing page"or “Lander” or “Bridge Page”). Use of paid search results using CopyAndContent.AI and Guaranteed Response Marketing, LLC or competitor trademarks or brand names, are strictly prohibited.
E. Advertising on Social Media and YouTube: When advertising on social media platforms or YouTube, each post, ad, or video must comply with the following:
Clearly state that it is an advertisement.
Make NO express or implied business connection between Affiliate and CopyAndContent.AI or Guaranteed Response Marketing, LLC, other than the disclosure required in Section 10B.
For YouTube videos, include the words "Ad," "Advertisement," "Promotion," or "Paid Partnership" in a clearly recognizable font size displayed persistently throughout the video.
For other written social media platforms (e.g., Facebook, Twitter), comply with applicable disclosure restrictions and rules of each site.
UNDER NO CIRCUMSTANCES MAY AN AFFILIATE DIRECTLY LINK FROM AN AD OR OTHER PAID PROMOTION TO THE SITE. ALL LINKING MUST BE DONE THROUGH AN INTERMEDIARY PAGE OR SITE ("LANDING PAGE").
11. CopyAndContent.AI And Guaranteed Response Marketing, LLC Trademarks
Affiliates are prohibited from using, copying, or reproducing any logos, taglines, trademarks, trade names, or trade dress (collectively referred to as "CopyAndContent.AI and Guaranteed Response Marketing, LLC Trademarks") owned by CopyAndContent.AI and Guaranteed Response Marketing, LLC, except as outlined below. Affiliates may not register any CopyAndContent.AI and Guaranteed Response Marketing, LLC intellectual property or any confusingly similar marks as trademarks or domain names in any country.
Subject to the restrictions provided below, approved Affiliates are granted a limited, revocable, non-transferable, and non-assignable license to use the following trademarks: "CopyAndContent.AI (TM)," "AI Genie(TM)," and "AI Genies(TM)" (Registration Pending) solely for the purpose of advertising CopyAndContent.AI and Guaranteed Response Marketing, LLC online. Whenever Affiliate uses the words "CopyAndContent.AI," "AI Genie," or "AI Genies," it must be immediately followed by "TM." Affiliates are prohibited from incorporating "CopyAndContent.AI," "AI Genie," or "AI Genies" or any other CopyAndContent.AI and Guaranteed Response Marketing, LLC trademarks as part of any URL, domain, or website name.
CopyAndContent.AI and Guaranteed Response Marketing, LLC retains exclusive ownership of all CopyAndContent.AI and Guaranteed Response Marketing, LLC Trademarks and other intellectual property, and all rights associated with them. Affiliate shall not promote or provide services to any business or individual infringing upon CopyAndContent.AI and Guaranteed Response Marketing, LLC's intellectual property rights. Engaging in such activities will result in immediate termination of this Agreement and forfeiture of all commissions.
12. Modifications: The Company reserves the right to modify the terms of this Agreement at any time. Notice of any changes will be provided to you via this webpage. Only amendments or modifications prepared or signed by CopyAndContent.AI and Guaranteed Response Marketing, LLC shall be valid. Your continued acceptance of Commission payments signifies your agreement to any modifications or amendments made to this Agreement and the Terms of Service.
13. LIMITATION OF LIABILITY. EXCEPT WHERE OTHERWISE INAPPLICABLE OR PROHIBITED BY LAW, IN NO EVENT SHALL COPYANDCONTENT.AI AND GUARANTEED RESPONSE MARKETING, LLC OR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, INDEPENDENT CONTRACTORS, TELECOMMUNICATIONS PROVIDERS, AND/OR AGENTS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL, PUNITIVE, OR ANY OTHER DAMAGES, FEES, COSTS OR CLAIMS ARISING FROM OR RELATED TO THIS AGREEMENT, THE PRIVACY POLICY, THE SERVICES OR PRODUCTS, YOUR OR A THIRD PARTY'S USE OR ATTEMPTED USE OF THE WEBSITE OR ANY SOFTWARE, SERVICE, OR PRODUCT, REGARDLESS OF WHETHER COPYANDCONTENT.AI AND GUARANTEED RESPONSE MARKETING, LLC HAS HAD NOTICE OF THE POSSIBILITY OF SUCH DAMAGES, FEES, COSTS, OR CLAIMS. THIS INCLUDES, WITHOUT LIMITATION, ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR PRODUCTS, OR ANY OTHER INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, OR OTHER DAMAGES. THIS APPLIES REGARDLESS OF THE MANNER IN WHICH DAMAGES ARE ALLEGEDLY CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), WARRANTY, OR OTHERWISE.
IN NO EVENT SHALL COPYANDCONTENT.AI AND GUARANTEED RESPONSE MARKETING, LLC'S LIABILITY TO YOU OR YOUR BUSINESS EXCEED THE AMOUNT OF THE PAYMENTS PAID BY YOU TO COPYANDCONTENT.AI AND GUARANTEED RESPONSE MARKETING, LLC FOR THE MONTH PRECEDING THE DATE IN WHICH THE FACTS GIVING RISE TO A CLAIM AGAINST COPYANDCONTENT.AI AND GUARANTEED RESPONSE MARKETING, LLC OCCURRED OR ONE-THOUSAND DOLLARS ($1,000), WHICHEVER IS LESS.
14. Indemnification: Affiliate shall indemnify Company and hold harmless company from any claim, damage, lawsuit, action, complaint, or other costs arising out of any breach of this Agreement. Affiliate shall also indemnify and hold harmless company for any damages, loss, or other cost arising out of the use or misuse by Affiliate of Company’s property.
15. Severability: If any provision of this Agreement is found to be inconsistent with or contrary to any applicable law, rule, or regulation, that provision shall be deemed modified to the extent necessary to comply with such law, rule, or regulation. The modified provision shall allow this Agreement, along with the Terms of Service, to remain in full force and effect.
16. Governing Law and Jurisdiction: This Agreement shall be governed by and construed in accordance with the laws of Mathews County, Virginia, USA. Any disputes arising from this Agreement shall be subject to the exclusive jurisdiction of the courts in Mathews County, Virginia, USA.
17. Merger. This Agreement shall constitute the entire agreement between the parties and any prior understanding or representation of any kind preceding the date on which you click "I Accept the Terms and Conditions" shall not be binding upon either party except to the extent incorporated in this agreement.
Please carefully review and retain a copy of this Agreement for your records. If you have any questions or concerns, please contact the Company's Affiliate Program Support at https://EbookFireSupport.com
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