Truth Over Fear Summit Affiliate Agreement Terms and Conditions
Primary Website: https://www.restoretheculture.com/
THIS AGREEMENT constitutes the Terms and Conditions between Patrick Coffin Media LLC and Affiliate
For every person who signs up for a Premium Pass we will pay you a 25% commission on each *Qualifying Sale (* See Term #7 below)
The Summit Premium Pass is priced at $79.99 and the Post-event Pass is priced at $95.99.
Attendees will be offered the Premium Pass immediately upon signing up for the Free Pass and again with follow-up emails as the event date gets nearer.
We will give you a one-month affiliate ID and every person who signs up for the Free pass will be tied to you in the event they buy the Premium Pass during the 30 days
You may start selling Free and Premium Passes on May 6th, 2021, by directing people to the main sales page as soon as the registration page is open to the public and Free and Premium
TERMS AND CONDITIONS
By joining the Affiliate Program you agree to the following terms and conditions.
1) For the purposes of this Agreement the following DEFINITIONS shall apply:
a) Company, Us, We shall 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 will be referred to as the “Affiliate.” You will also be referred to throughout this Agreement with second-person pronouns such as You, Your, or Yours.
c) Collectively, the parties to this Agreement (the Company and You) will be referred to as "Parties" or individually as "Party."
d) “Affiliate Program” is the program we have set up for our affiliates as described in this Agreement.
e) Affiliate Application is fully completed via this website under the Affiliate Sign Up page.
f) Website is the primary website: https://www.restoretheculture.com/ and will be referred to as Website.
2) ASSENT & ACCEPTANCE
By submitting an application to our Affiliate Program, you warrant that you have read and reviewed this Agreement and that you agree to be bound by it. If you do not agree to be bound by this Agreement, please leave the website immediately and do not submit an application to our Affiliate Program. This Agreement specifically incorporates by reference any Terms or Conditions, Privacy Policies, End-User License Agreements, or other legal documents which we may have on our website.
3) AGE RESTRICTION
You must be at least 18 (eighteen) years of age to join our Affiliate Program or use this Website. By submitting an application to our Affiliate Program, you represent and warrant that you are at least 18 years of age and may legally agree to this Agreement. The Company assumes no responsibility or liability for any misrepresentation of your age.
4) PROGRAM SIGN-UP
In order to participate in our Affiliate Program, you will apply via the Affiliate page.
Submitting an Affiliate Application does not guarantee inclusion in the Affiliate Program.
If your Affiliate Application is rejected, you may not reapply. If your Affiliate Application is accepted, each of the terms and conditions in this Agreement applies to your participation. We may also ask for additional information to complete your Affiliate Application or for you to undertake additional steps to ensure eligibility in the Affiliate Program.
5) 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 to work with any individual or company we may choose.
6) AFFILIATE PROGRAM
After your acceptance in the Affiliate Program, you must ensure your account is set up correctly, including specific payout information and location.
We will provide you with a specific link to use during promotion (collectively, the "Link"). The Link will be keyed to your identity 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 Link at all times. You agree to only use link to send traffic to our Sales page and to display the Link prominently on your website or social media page.
Each time a user clicks through the Link posted on the Affiliate Site and completes the sale of the product and we determine it is a Qualified Purchase, as described below, you will be eligible to a desgnated percentage or payout of each sale as established by the Company for each eligible Affiliate product.
7) 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 purchases must be "Qualified Purchases."
Qualified Purchases:
- Must not be referred by any other partner or affiliate links of the Company.
- Qualified Purchases are those generated through your specific Affiliate Link and should connect to the proper Free or Premium Pass registration buttons.
- May not be purchased or tagged by an already-existing partner or Affiliate of the Company.
- May not be purchased prior to the day Registration is officially open, in this case, May 6th, 2021.
- Sales from leads entered to the website database and attached to your Affiliate ID prior to May 6th will be disqualified.
- May not be purchased by a customer in violation of any of our legal terms or Acceptable Use Policy.
- May not be fraudulent in any way, in the Company's sole and exclusive discretion.
- Please be advised that your unauthorized use of any Company IP including opt-in forms not connected to the Free or Premium Pass purchases 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.
8) PAYOUTS
Please email us your W-9 to [email protected] with the subject line "W-9"
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.
Payments to Affiliates that send the W-9 will be processed the first week in June, 2021.
9) REPORTS
You may log into your account with us to review reports related to your affiliation, such as payout reports and Qualified Click and/or Purchase information. 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.
10) TERM, TERMINATION & SUSPENSION
The term of this Agreement will begin when you are accepted into the Affiliate Program. It can be terminated by either Party at any time with or without cause. You may only earn payouts as long as you are an Affiliate in good standing during the term. If you terminate this Agreement with us, you will qualify to receive payouts earned prior to the date of termination. If you fail to follow the terms of this Agreement or any other legal terms we have posted anywhere on our website or websites, you forfeit all rights, including the right to any unclaimed payout. We specifically reserve the right to terminate this Agreement if you violate any of the terms outlined herein, including, but not limited to, violating the intellectual property rights of the Company or a third party, failing to comply with applicable laws or other legal obligations, and/or publishing or distributing illegal material.
11) INTELLECTUAL PROPERTY
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 ("Company IP"). 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.
12) INDEMNIFICATION
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.
13) SPAM POLICY
You are strictly prohibited from using the Affiliate Program for illegal spam activities, including gathering email addresses and personal information from others, using proprietary forms on our Website or sending any mass commercial emails to unowned lists.
14) 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.
15) JURISDICTION, VENUE & CHOICE OF LAW
Through your participation in the Affiliate Program, you agree that California shall govern any matter or dispute relating to or arising out of this Agreement, as well as any dispute of any kind that may arise between you and the Company, with the exception of its conflict of law provisions. In case any litigation specifically permitted under this Agreement is initiated, the Parties agree to submit to the personal jurisdiction of the state and federal courts of the following county: Orange County, California. The Parties agree that this choice of law, venue, and jurisdiction provision is not permissive, but rather mandatory in nature. You hereby waive the right to any objection of venue, including assertion of the doctrine of forum nonconveniens or similar doctrine.
Last Updated: May 1, 2021
Patrick Coffin Media, LLC
25422 Trabuco Rd., Suite 105-621
Lake Forest, CA 92630
