This Agreement contains the complete terms and conditions that apply to your participation as an Affiliate with the Free Birds mentorship and associated programs and promotions.
This Affiliate Agreement ("Agreement") is made and entered into by and between you, the affiliate, ("Affiliate") and Afton Negrea of Free Birds (“Company”).
1. Affiliate URL
Affiliate will be issued an individual affiliate URL link upon completed online application at https://www.thefreebirds.co/affiliatesignup. Login to the affiliate dashboard at https://www.thefreebirds.co/affiliate_users/sign_in to receive your unique affiliate links. These links will be unique to you and will allow you to be paid for referrals. Affiliate will only be paid from referrals who use this link or specify you as a referrer at the time of purchase.
2. E-mails and Publicity
Affiliate shall not create, publish, transmit or distribute, under any circumstances, any bulk electronic mail messages (also known as "SPAM"). Additionally, Affiliate may only send e-mails containing a Free Birds affiliate link and or a message regarding Free Birds to person(s) who have been previously contacted and whom consented. Failure by Affiliate to abide by this section, CAN-SPAM Act of 2003, in any manner, will be deemed a material breach of this Agreement by Affiliate and foreclose any and all rights Affiliate may have to any commissions.
3. Prohibited Use of Images
Affiliates will only be granted to use content marketing materials provided by Free Birds. These marketing materials consist of images, videos and copy found at https://www.thefreebirds.co/affiliates.
Affiliate shall not make any specific use of any Licensed Materials for purposes other than selling Free Birds. Affiliate agrees not to use the Licensed Materials in any manner that is disparaging or that otherwise portrays Free Birds, Afton Negrea, any hosted member of Free Birds or any Free Birds employee or representative in a negative light.
4. Intellectual Property Rights
Company hereby grants to Affiliate during the Term a non-exclusive, non-transferable, royalty-free license to establish hyperlinks between Affiliate and the websites and to use Company’s trade names, logos, trademarks and service marks on your site and social media solely as is reasonably necessary to establish and promote such hyperlinks and to otherwise perform your obligations under this Agreement; provided, however, that any other promotional materials or usages containing any of Free Birds marks will be subject to the prior written approval of the Company.
Affiliates will receive revenue as a commission from orders placed through properly coded affiliate links. Commissions each sale are dependent on current terms and promotions. Please see the Free Birds affiliate portal for more details. For a sale to generate a commission to the Affiliate, the customer must complete the order form and remit full payment for the product ordered through the secure order system on Kajabi. Should a payment plan be in process with the customer, commission schedule will be paid based on monthly processed payments. No additional commision will be given on additional services of the Affiliate purchased by Free Birds members.
Each referred customer and each qualified purchase must meet the following criteria (the "Criteria"):
Each referred customer must be a new and unique visitor to Free Birds
Affiliate must use the specific affiliate link provided (cookied for 30 days) or provide the affiliate name upon the date of registration to the program. Failure to provide the Affiliate name will result in no affiliate commission being provided
Commission will not be given for referrals of other programs or services offered by Afton Negrea
Company will pay Affiliate with PayPal when a member joins and submits payment. Payment will be processed every 30 days. If the member is on a payment plan, Affiliate commission payment will be issued once all payments have been received at the end of their term. If the Affiliate PayPal email changes, it is the responsibility of the Affiliate to notify the Company to ensure proper commission payments. Affiliate is responsible for all PayPal fees.
7. Relationship of Parties
Affiliate is considered independent, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. Affiliate has no authority to make or accept any offers or representations on our behalf. Affiliate will not make any statement, whether on their sites or otherwise, that reasonably would contradict this statement.
8. Limitation of Liability
Company will not be liable for indirect, special, or consequential damages (or any loss of revenue, profits, expenditures or data) arising in connection with this Agreement or the mentorship program. Further, our aggregate liability arising with respect to this Agreement and the mentorship program will not exceed the total commissions paid or payable to the Affiliate.
We may modify any of the terms and conditions in this Agreement at any time at our sole discretion. In such event, Affiliate will be notified by email, (which may be provided by email to the email address provided in the course of your registration with the Company). Modifications may include, but are not limited to, changes in the payment procedures. If any modification is unacceptable to the Affiliate, Affiliate may terminate this Agreement. The continued participation in the affiliate program following the email of the change notice and the new Agreement on our site will indicate the Affiliate agreement to the changes.
10. Term and Termination
The term of this Agreement (The “Term”) will begin when Affiliate submits their application and will end when terminated by either party. Either the Company or the Affiliate may terminate this Agreement at any time, with or without cause. When the mentorship program is terminated your Affiliate will coincidentally be terminated as well. Affiliate is only eligible to earn commissions on sales occurring during the Term, and commissions earned through the date of termination will remain payable only if the product orders are not canceled. The Company may withhold final payment for a reasonable time to ensure against cancellations.
Upon the termination of this Agreement for any reason, all licenses granted hereunder shall immediately terminate and Affiliate will immediately cease use of, and remove from affiliate's website, all links to fearlessfreelancers.com, and all Company trademarks and logos, and other marks and all other materials provided in connection with this program.
We make no express or implied warranties or representations with respect to the affiliate program or an affiliate's potential to earn income from the affiliate program. In addition, we make no representation that the operation of the websites or the affiliate links will be uninterrupted, and the Company will not be liable for the consequences of any interruptions or errors.
By joining the Free Birds affiliate program at https://www.thefreebirds.co/affiliatesignup, Affiliate acknowledges that they have read this agreement and agree to all its terms and conditions.
Updated: April 17, 2020