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Affiliate Terms and Conditions *

THIS AFFILIATE AGREEMENT (hereinafter, the “Agreement”) is made by and between Hanna Fitz, SEASHELL CONSULTING INC. (hereinafter, “Company”), and YOU (hereinafter, “Affiliate”, “You”, or “Your”) for participation in Hanna Fitz, Seashell Consulting Inc. Affiliate Program (Company and Affiliate shall hereinafter be collectively referred to as the “Parties”).   Please read this Agreement carefully and save it for future reference. If You do not agree with the terms of this Agreement, You must immediately disengage from the Website.   By participating in the Hanna Fitz Affiliate Program (as defined below) Affiliate agrees to be bound by the terms of this Agreement.   (1)  AFFILIATE PROGRAM: The term, “Affiliate Program” as used herein shall mean Company’s service through which one or more designated “Affiliates” may send its contacts and clients to Company and Company’s products, programs, trainings and services in lieu of Company providing that Affiliate with certain commission fee(s) as prescribed herein.   (2)  USE OF AFFILIATE PROGRAM: Affiliate will receive a specified commission for any referral received by Company pursuant to the terms of this Agreement. Any such commission paid to or due Affiliate will vary from program to program. For each purchase of a commissionable product or service by people "tagged" with Your affiliate code, You will receive a specified commission for the specific program that You are promoting. When You sign up for the Affiliate Program, You will be provided with a unique tracking link that will You to follow and/or track Your leads and sales for the entirety of the promotion.   You can send this unique tracking link to Your contacts, may post it on Your website, send in Your emails or on social media forums and sites (in compliance with each sites terms and conditions) in order to drive traffic to Hanna Fitz products or services.   When Your customers, clients and leads click on your specified referral link, each individual that follows the link will then be "tagged" with Your affiliate code. All statistics and sales (collectively the "Sales") are managed and tracked by Sendowl. You will be given a username and password so you can track such Sales in order to help you better manage Your campaign's effectiveness.   (3)  COMMISSION TERMS: Affiliates will be paid 45 days after the cart closes, on the 15th of each month. If the cart closes and 45 days post-cart close falls on the 16th or after, you will be paid on the 15th of the following month. If your referral makes one payment, you will receive one payment in commission. If your referral pays multiple payments you will be paid as we receive payments, in 30 day increments after the initial 45 day period. All Affiliate leads are tracked by cookies. In the case that multiple affiliates refer the same customer, the last cookie tracked gets the sale. You can view Your Link Tracking statistics in Your personal affiliate portal in Sendowl at any time.   (4)  PROMOTIONAL MATERIALS: Company may make available to Affiliate certain banner advertisements, button links, text links, and/or other graphic or textual material for display and use on Affiliate’s website or in any Affiliate email or social media promotions (the “Promotional Materials”).   The manner of display of all images shall be subject to the terms and conditions of this Agreement. Affiliate shall also include a link from the Promotional Materials to Company’s website, as specified by Company. Any email and social media text based promotional swipe copy can be altered or personalized, as this yields the best results. But no images may be altered in any way, and any text that is altered must comply with all terms and conditions listed under Paragraph 5, Use of Promotional Materials, below.   (5) USE OF PROMOTIONAL MATERIALS: Affiliate’s use and display of the Promotional Materials on Affiliate’s website, or as otherwise allowed and provided herein, must comply with the following terms, conditions and specifications: (a) Affiliate may not use any graphic materials to promote Company’s website, products or services other than the Promotional Materials. (b) Affiliate may only use the Promotional Materials for the purpose of promoting Company’s website, option pages, trainings, videos, webinars, programs, products, and for providing hyperlinks to Company’s website. (c) Affiliate will not alter, add to, subtract from, or otherwise modify the Promotional Materials as they are prepared by Company with the exception of promotional email swipe copy. If Affiliate wishes to alter or otherwise modify the Promotional Materials, Affiliate must obtain prior written consent from Company for such alteration of modification. (d) The Promotional Materials shall be used to link only to Company’s website, to the specific page and address as specified by Company.   (6) INTELLECTUAL PROPERTY: Company retains all right, ownership, and interest in the Promotional Materials, and in any copyright, trademark, or other intellectual property in the Promotional Materials. Nothing in this Agreement shall be construed to grant Affiliate any rights, ownership or interest in the Promotional Materials, or in the underlying intellectual property. Company’s copyrighted and original materials shall be provided to the Affiliate for his/her use only and a single-user license. Affiliate shall not be authorized to share, copy, distribute, or otherwise disseminate any materials received from Company electronically or otherwise without the prior written consent of the Company. All intellectual property, including Company’s copyrighted course materials, shall remain the sole property of the Company. No license to sell or distribute Company’s materials is granted or implied.   (7) RELATIONSHIP OF PARTIES: This Agreement shall not be construed to create any employment relationship, agency relationship, or partnership between Company and Affiliate. Affiliate shall provide services for Company as an independent contractor. Affiliate shall have no authority to bind Company into any agreement, nor shall Affiliate be considered to be an agent of Company in any respect.   (8) COMMISSIONS: (a) In exchange for Affiliate’s promotion of, and driving traffic to and with the Promotional Materials, and for Affiliate’s compliance with and performance of the terms and conditions of this Agreement, Company shall pay the Affiliate a commission (the “Commission”) in the amount of a percentage of product sold to a user that accesses Company’s website through a link on Affiliate’s website. This percentage depends on which program or product You are promoting, so check with Company for updated terms and conditions as these percentages are subject to change by the Company at any time, in the sole discretion of Company. Notification to Affiliate of any change in commission percentage will be posted on Company’s website or given by Company at the email address on hand for the Affiliate. (b) Company shall keep accurate and up-to-date records of the data used to determine the total amount of Commissions owed to Affiliate. Affiliate will have access to their own records, which are the same records, by logging into Sendowl. Any discrepancy between the amount of Commissions owed according to these records, and the actual amount of Commissions paid to Affiliate in any period or periods shall be rectified by Company within 14 calendar days of discovering such discrepancy. (c) Commissions are held for a period of 45 days from any purchase to protect Company in the event of any chargeback that may occur. Company shall pay all Commissions accrued and payable to Affiliate within 15 days of the first day of each month (the “Commission Payment Date”). Payment is made via the Affiliate PayPal account. (d) In the event that Affiliate materially breaches this Agreement and Company terminates this Agreement within 30 days of such breach, then any accrued and payable Commissions owing to Affiliate shall be forfeited, and Company shall not be obligated to pay such Commissions to Affiliate.   (9) AFFILIATE’S REPRESENTATIONS AND WARRANTIES: Affiliate represents and warrants the following: (a) Affiliate has the legal authority to enter into this Agreement and to be bound to the promises, agreements and other duties set forth in this Agreement. (b) Affiliate’s website does not contain any materials that are: i. Sexually explicit, obscene, or pornographic; ii. Offensive, profane, hateful, threatening, harmful, defamatory, libelous, harassing, or discriminatory (whether based on race, ethnicity, creed, religion, gender, sexual orientation, physical disability, or otherwise); iii. Graphically violent, including any violent video game images; or iv. Solicitous of any unlawful behavior. (c) Affiliate has obtained any necessary clearances, licenses, or other permission for any intellectual property used on Affiliate’s website. Nothing on Affiliate’s website infringes upon the intellectual property rights of any person or entity. No person or entity has brought or threatened an action claiming such infringement, nor does Affiliate have any reason to believe that any person or entity will bring or threaten such a claim in the future. (d) Affiliate will not use the Promotional Materials in any manner other than those set forth in Paragraphs 2 and 4 above. (e) Affiliate will not make any claim to ownership of the Promotional Materials, or of the copyright, trademark, or other intellectual property therein. (f) Affiliate will not publish or otherwise distribute any advertising materials for Affiliate’s website that reference Company or Company’s website unless Company gives prior written consent to the distribution of such materials. Affiliate will not use Company’s name (or any name that is confusingly similar to Company’s name) for any purpose on its website, in its promotional materials, or in any other context except to promote Company’s website as specified in this Agreement. Affiliate will not register any domain name that incorporates Company’s name, or that is confusingly similar to Company’s name. (g) Affiliate will not engage in the distribution of any unsolicited bulk emails (spam) in any way mentioning or referencing Company or Company’s website.   (10) 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 Affiliate’s warranties set forth in Paragraph 9 above. Affiliate shall also indemnify and hold harmless Company for any damage, loss or other cost arising out of the use or misuse by Affiliate of the Promotional Materials.   (11) CONFIDENTIALITY: The term “Confidential Information” shall mean information which is not generally known to the public relating to the Company’s business or personal affairs and that Affiliate is exposed to by virtue of its relationship with Company under this Agreement. Affiliate agrees not to disclose, reveal or make use of any information obtained as a result of this Agreement and all methods, concepts, ideas, product/services, or proposed new products or services shall be kept completely confidential by the Affiliate. Affiliate shall keep the Confidential Information of the Company in strictest confidence and shall use its best efforts to safeguard the Confidential Information and to protect it against disclosure, misuse, espionage, loss and theft. This confidentiality provision shall survive the termination or expiration of this Agreement.   (12) TERM AND TERMINATION: (a) This Agreement shall take effect immediately, and shall remain in full force and effect indefinitely, or until terminated pursuant to this Paragraph 12. (b) Either Party shall have the right to terminate this Agreement at any time and for any cause. The terminating Party must give written notice to the other Party at least thirty (30) calendar days prior to the intended date of termination.   (13) TAXES: Company shall not be responsible for any taxes owed by Affiliate arising out of Affiliate’s relationship with Company as set forth in this Agreement. Company shall not withhold any taxes from the Commissions paid to Affiliate. Affiliate is solely responsible for keeping up with current tax laws, procedures and paperwork and reporting accurately and fully to the IRS at the end of each fiscal year.   (14) LIMITATION OF LIABILITY: By entering this Agreement, You release Company from any and all damages that may result from anything and everything. Company is only a service being provided. By using Company’s services, You release Company from any and all damages that may result from anything and everything. Affiliate accepts any and all risks, foreseeable or non-foreseeable, arising from such transactions.   Notwithstanding the foregoing, should Company be found liable, Company’s liability to Affiliate or to any third party is limited to the lesser of (a) the aggregate of the total referral commissions paid or payable to You under this Agreement, and (b) One Hundred U.S. Dollars ($100.00). All claims against Company must be lodged with the entity having jurisdiction within 100-day of the date of the first claim or otherwise be forfeited forever.   Affiliate agrees that Company will not be held liable for any damages of any kind resulting or arising from including but not limited to; direct, indirect, incidental, special, negligent, consequential, or exemplary damages arising out of or associated with any loss, suspension or interruption of service, termination of this Agreement, use or misuse of the Promotional Materials, or other performance of services under this Agreement. Affiliate agrees that participation in the Affiliate Program is at Affiliate's own risk.   (15) SITE MAINTENANCE: You are solely responsible for maintaining your website and any correspondence with Your clientele. Company has no responsibility for the development, operation or maintenance of Your website beyond providing You with a username and password so You can track Sales and providing You with a personalized tracking link as prescribed in Paragraph 2 above. You are responsible for all technical operations of Your website, including, without limitation, ensuring that Your website does not contain libelous or objectionable material, and ensuring that all material on Your website is legal and does not infringe on the rights of any third party (including copyright or trademark rights) or the rights of any customer. Company is not responsible for any of these duties and You agree to defend, indemnify, and hold harmless Company, its directors, officers, employees and representatives from and against any and all claims, actions, causes of action, damages, injuries, expenses (including attorney’s fees) relating to the development, operation, content and maintenance of Your website, including, without limitation, any breach of a customer’s privacy rights or any unauthorized use by Your of Company’s icon, logo and other images and materials relating to Company.   (16) NON-DISPARAGEMENT: In the event that a dispute arises between the Parties, the Parties agree and accept that the only venue for resolving such a dispute shall be in the venue set forth hereinbelow. In the event of a dispute between the Parties, the Parties agree that they neither will engage in any conduct or communications, public or private, designed to disparage the other. This non-disparagement provision shall survive the termination or expiration of this Agreement.   (17) DISCLAIMER OF GUARANTEE: Company makes no representations or guarantees verbally or in writing regarding performance of this Agreement other than those specifically enumerated herein. In addition, Company makes no representation that the operation of its website will be uninterrupted or error-free and we will not be liable for the consequences of any interruptions or errors. Company shall have no liability whatsoever for any claim relating to any Affiliate’s inability to access the services and/or Affiliate Program properly or completely or for any claim related to any errors or omissions in the services. The Affiliate Program is provided as an "as is" and an "as available" basis. Company makes no guarantees or warranties on products, services, sale or trade situations whether express or implied. Company and its related entities disclaim the implied warranties of titles, merchantability, and fitness for a particular purpose. Company makes no guarantee or warranty that the Affiliate Program will meet user requirements, be error free, secure, uninterrupted, or timely.   (18) MODIFICATION OF AGREEMENT: Company may modify this agreement at any time by posting a change on our website or notifying You by email. We may change any of the terms and conditions of this Agreement. Modifications may include, but are not limited to, changes in the referral commission structure, payment procedures, and Hanna Fitz Affiliate Program rules. If any modification is unacceptable to You, Your only recourse is to terminate this Agreement. Your continued participation in Hanna Fitz Affiliate Program following our posting of a change notice or new agreement via email or on our website will constitute binding acceptance of the change.   (19) COUNTERPARTS: This Agreement may be executed in several counterparts, each of which shall constitute an original and all of which, when taken together, shall constitute one agreement.   (20) SEVERABILITY: If any part or parts of this Agreement shall be held unenforceable for any reason, the remainder of this Agreement shall continue in full force and effect. If any provision of this Agreement is deemed invalid or unenforceable by any court of competent jurisdiction, and if limiting such provision would make the provision valid, then such provision shall be deemed to be construed as so limited.   (21) HEADINGS: The headings for section herein are for convenience only and shall not affect the meaning of the provisions of this Agreement.   (22) ENTIRE AGREEMENT: This Agreement constitutes the entire agreement between Company and Affiliate, and supersedes any prior understanding or representation of any kind preceding the date of this Agreement. There are no other promises, conditions, understandings or other agreements, whether oral or written, relating to the subject matter of this Agreement.   (23) CHOICE OF LAW/VENUE: This Agreement shall be governed by and construed in accordance with the laws of England without giving effect to any principles or conflicts of law. The parties hereto agree to submit any dispute or controversy arising out of or relating to this Agreement to arbitration in Saint Lucia, West Indies, pursuant to the rules of the UNICITRAL, which arbitration shall be binding upon the parties and their successors in interest. The prevailing party is entitled to be reimbursed for all reasonable legal fees from the non-prevailing party, not exceeding US$500, in order to enforce the provisions of this Agreement.   (24) SURVIVABILITY: The ownership, proprietary rights, confidentiality, and non-disparagement provisions and any provisions relating to payment of sums owed set forth in this Agreement, and any other provisions that by their sense and context the parties intend to have survive, shall survive the termination of this Agreement for any reason.   (25) OTHER TERMS: Upon execution of This Agreement by signature below, the Parties agree that any individual, firm, company, associates, corporations, joint ventures, partnerships, divisions, subsidiaries, employees, companies, heirs, assigns, designees or consultants of which the signee is an company, officer, heir, successor, assign or designee is bound by the terms of this Agreement.   By participating in Hanna Fitz Affiliate Program (as defined and conditioned above), Affiliate agrees to be bound by the terms of this Agreement. Should You do not agree with the terms of this Agreement, You must immediately disengage from the Website.
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