Terms of Services for Affiliates

PLEASE READ THIS AGREEMENT CAREFULLY


IN ORDER TO BECOME AN AUTHORIZED AFFILIATE OF AFFILIATE PROGRAM, YOU MUST AGREE TO ABIDE BY THE TERMS, CONDITIONS AND POLICIES CONTAINED IN THIS AGREEMENT AS DESCRIBED HEREIN.


YOUR ABILITY TO BE PAID THROUGH THE FAST FORWARD MARKETING, LLC AFFILIATE PROGRAM MAY BE LIMITED BY THE TERMS OF THIS AGREEMENT.


This Affiliate Agreement (the “Agreement”) is made by and between Fast Forward Marketing, LLC (the “Company”) and the person signing up for the Fast Forward Marketing, LLC Affiliate Program (the “affiliate”) (collectively the “Parties”) at the moment that the Affiliate signs up in the Fast Forward Marketing, LLC Affiliate Program (the “Affiliate Program”).   



1.  Authorized Affiliate Requirements.  


a.  In order to become an authorized affiliate of the Affiliate Program, the Affiliate must first sign up for an account through our link provided by Premium Web Cart.  Failure to sign up for an account will result in the forfeiture of any and all commissions on any products sold through the Affiliate Program by the Affiliate until said account is completed with all true and correct information as required by the Company.  In other words, you will receive commissions only on products sold after your account is set up.  


b. Commissions from the Affiliate Program are paid by the Company via PayPal or check.  Therefore, in order to receive payments, the Affiliate must have a valid PayPal account at the time that commissions are scheduled or have a valid address on file, to be paid.  Failure to provide the Company with a valid PayPal account or mailing address will result in the forfeiture of the Affiliate’s commissions after three (3) attempts have been made by the Company to pay out commissions to the PayPal email address or after one (1) attempt has been made to my the Company to pay out commissions via check to the address on file.


c. The Affiliate Program is open to Residents of the US  (except residents in the states of Arkansas, Connecticut, Illinois, North Carolina, New York, Rhode Island), Canada, United Kingdom and Australia Only.  Commissions will only be paid to authorized affiliates, so if you live in any of the states listed above or in a country other than those listed above, do NOT sign up for the Affiliate Program, as you will not be paid on any sales made.


d. You must be in compliance with all of the terms of this Agreement in order to maintain your status as an Authorized Affiliate.


2.  Independent Contractor.  Each Affiliate is an independent contractor of the Company and not an employee.  Nothing herein is intended to create an employer/employee relationship.


3. Income Tax Liabilities.  Affiliate is an independent contractor, and as such, is responsible for any and all United States, state or foreign income taxes and any other tax liabilities that affect or concern the sales of products or services in your state or country.  Company shall not withhold any taxes from the Commissions paid to Affiliate.  


4. Commissions.  Whenever someone orders a Company product through the Affiliate’s link, the Affiliate ID is credited with a referral fee as noted on the Company’s website.  The commission amount varies by product or service.  The commission rate can be found on the Company’s website, and is subject to change at any time. 


Commissions are not paid for any sales for which payment has not been received, or for any transaction that has been rejected for any reason.


All commissions are calculated based on the net transaction. All taxes, shipping, and payment processing fees are not commissionable  and will be first deducted from the sums collected from the customer. The remaining amount is a commissionable sale. The commission rate listed on the Website is then applied to determine the amount due the Affiliate. 


Affiliate will receive commission for any sales made on the next pay period following the expiration date of the applicable refund period for the Company’s product.  The Company sends out commission payments on the 15th of every month, or the first business day following the 15th of the month, if the 15th falls on a weekend or holiday.  Commissions are paid on the last day of every calendar month for the previous month’s commissions, or on the first business day following the last day of the month, if the last day of the month falls on a weekend or holiday, AFTER the 30-day refund period. Meaning, for example, all commissions earned in January, would be paid on March 15th.   The Company is not responsible for paying interest to Affiliate for accrued but not yet delivered commission payments.


If a transaction incurs a charge-back, or if an online transaction is not completed in every way, no commission payment is due to Affiliate. If a commission has already been paid, then it will be deducted from the Affiliate's future commissions.


5. Website.  Affiliate’s website shall NOT contain any content or images that are NOT suitable for being viewed by persons 13 years of age or younger.  Affiliates may NOT promote the Company’s products on a website that contains “Adult Content”. The website on which the Affiliate advertises the Company’s products may only include products that are not capable of being viewed by persons 13 years of age or younger, unless the company specifically allows such products.   


 Affiliate will not be compensated for sales made on websites that violate the terms of this Agreement.


6. Use of 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 the Affiliate website (the "Promotional Materials"). Affiliate shall display the Promotional Materials on Affiliate's website prominently and as Affiliate sees fit, provided that the manner of display 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.


The Affiliate's use and display of the Promotional Materials on the Affiliate's site shall conform to the following terms, conditions and specifications:


a. Affiliate may not use any graphic, textual or other materials to promote Company's website, products or services other than the Promotional Materials, unless Company agrees to such other materials in writing prior to their display.


b. Affiliate may only use the Promotional Materials for the purpose of promoting Company's website (and the products and services available thereon), and for linking to Company's website.


c. The Promotional Materials will be used to link only to Company's website, to the specific page and address as specified by Company.


d. Affiliate will not alter, add to, subtract from, or otherwise modify the Promotional Materials as they are prepared by Company. If Affiliate wishes to alter or otherwise modify the Promotional Materials, Affiliate must obtain prior written consent from Company for such alteration of modification.


7. License. Company hereby grants to Affiliate a nonexclusive, nontransferable license (the "License") to use the Promotional Materials as specified under the terms and conditions of this Agreement. The term of the License shall expire upon the expiration or termination of this Agreement.


8. 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, other than the rights to use the Promotional Materials granted under the License, as set forth in Section 7.


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, covenants, and other duties set forth in this Agreement.


b. Affiliate's website does not contain any materials that are:


1) Sexually explicit, obscene, or pornographic;


2) Offensive, profane, hateful, threatening, harmful, defamatory, libelous, harassing, or discriminatory (whether based on race, ethnicity, creed, religion, gender, sexual orientation, physical disability, or otherwise);


3) Graphically violent, including any violent video game images; or


4)  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 Section 6 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 websites.


h. Affiliate will comply with United States restrictions on the export of products and information, and to not export or re-export the materials to countries or persons prohibited under United States law. 


i. Affiliate has not ever been investigated by any law enforcement or government agency for the Affiliate’s marketing or advertising practices in online or offline business ventures.

 

10.  SPAM. The Company does not tolerate the sending of unsolicited commercial emails (i.e, spam email) which promote, or make reference to the Company, or any of its associated companies or websites, partners, or employees. The provisions of the Company’s Anti-Spam Policy applies to each Affiliate. If the Affiliate, in the opinion of the Company, breaches this rule, the Affiliate shall have their Affiliate status canceled immediately and any outstanding commissions will be forfeited.


11. Investigations by Law Enforcement or Government Agencies.  The Company reserves the right to immediately terminate any Affiliate from the Program who has ever been investigated by any law enforcement or government agency for the Affiliate’s marketing or advertising practices in online or offline business ventures. Affiliate must make full disclosure to the Company immediately of any such investigations that occur during the term of this Agreement. Any violation of the provisions of this paragraph shall constitute a material breach of this Agreement.


12. Keywords and Promotion.  No Affiliate shall register, own, or use a domain name that includes one or more of the following words or any variation thereof: “Lead Whisperer, ” “The Lead Whisperer,” “The Lead Whisperer’s Guide,” “Rich Hazlett,”  “Natasha Nassar,” “Natasha Hazlett,”  “Natasha Nassar Hazlett,” “The Savvy Entrepreneur,”  “Attraction Marketing Manual,” “Slapped: Lessons From the Internet Advertiser’s Graveyard,” “Fast Forward Marketing, LLC”, "Branded", "Branded: 100% Authentic", "Fast Forward Guide to Social Media PPC".


No Affiliate shall use any of these words either in a pay-per-click (PPC) or cost-per-action (CPA) campaign. Any violation of the provisions of this paragraph shall constitute a material breach of this Agreement, the Affiliate’s status as an Affiliate under the Affiliate Program shall terminate without notice.


13. Negative Promotional Content.  Affiliate MAY NOT use negative content to promote the Company’s products or services. This includes, but is not limited to, use of reviews or ads that refer to the Company’s products or services as a “scam,” “fraud,” “bogus,” “fake,” “sucks,” or synonyms or phrases that convey a similar meaning. While this marketing tactic may generate leads for the Affiliate, it harms the Company’s good name. Any violation of the provisions of this paragraph shall constitute a material breach of this Agreement, the Affiliate’s status as an Affiliate under the Affiliate Program shall terminate without notice.


14. No Monetary Incentives.  Affiliates may not use cash rebates or other monetary incentives to promote the Company’s products or services. This includes, but is not limited to, offering to rebate a portion of the purchase price to anyone who purchases via the Affiliate’s link for the Program. Such monetary compensation devalues the Company’s products. Any violation of the provisions of this paragraph shall constitute a material breach of this Agreement, the Affiliate’s status as an Affiliate under the Affiliate Program shall terminate without notice. However, nothing in this paragraph shall prevent an Affiliate from offering non-monetary bonuses to purchasers as an inducement to purchase through the Affiliate’s link, provided that such bonuses are otherwise permitted by law.


15. Affiliate Sales and Tracking.   After signing up for the Affiliate program, you will receive a unique Affiliate URL (“Affiliate Link”) which you will use to advertise the Company’s website. When someone clicks through this URL, a cookie will be set in their browser with your Affiliate ID and their IP address may also be logged with your Affiliate ID. During that visit to the Website or any later visit, when a purchase is made the commission will be given based on the existence of the cookie.


In order to receive proper credit for sales, a person or entity must purchase through your unique Affiliate URL. Masking or cloaking of the links (whether done by software or by a script, and sometimes referred to as "Affiliate link cloaking") may or may not work with parts of the Company’s Website and this Affiliate program.  The Company allows masking or cloaking but you must provide a repeatable process for our verification of the cloaked link, otherwise the use of the masked or cloaked link is disallowed. 


16. Term.  This agreement will begin upon your sign-up with the Affiliate program and will end when either you or the Company terminates the Affiliate’s status, or if Affiliate’s account is inactive in any continuous twelve (12) month period. 


Affiliate may terminate this agreement at any time, and for any reason, by emailing the Company at support@FastForwardMarketingLLC.com or by writing to the Company at:

 

Fast Forward Marketing, LLC

6126 W State Street, Suite 605

Boise, Idaho 83703


Affiliate may not transfer this agreement, or any rights conveyed in this agreement, to any third party whatsoever.

 

The Company may also terminate this agreement at any time, and for any reason, by writing to Affiliate at the email address listed in the Affiliate's Profile, with 30 days notice. The Company may transfer this agreement to any party whatsoever, at any time, and this agreement shall remain in full force and effect, without notice to Affiliate. 


If the Agreement is terminated for cause due to violation of this Agreement or the Company’s Website’s other terms, conditions, and policies, this Agreement shall terminate immediately and Affiliate shall forfeit all Affiliate commissions as partial compensation for the damages inflicted to the Company by Affiliate’s breach


17. Rights To Modify Agreement.  The Company, and its associated companies may, in good faith, modify any of this Agreement and/or the Company’s website’s other terms, conditions, and policies (including the Affiliate commission schedule), at any time and at its sole discretion, by posting a change notice or a new agreement on the Company’s Website. These changes will come into force immediately upon posting. The Affiliate's continued participation in the Affiliate program following the said posting of a change notice or new agreement shall constitute binding acceptance by the Affiliate of the change.


If any modification to this agreement is not acceptable to the Affiliate, the Affiliate's only recourse is to terminate this agreement. Upon termination of this agreement, the former Affiliate must remove all Affiliate links and graphics from its website, and refrain from publishing same in any manner whatsoever. 


18. No Misuse.  Affiliate shall not try to cheat the system in an effort to increase their payments due or receive the Company’s product at a discount.   Affiliate may not purchase Company products for personal use through said Affiliate’s link. 


If such misuse is detected, the Affiliate will be immediately terminated as an Affiliate and any sums payable as and for commissions will be withheld. All Affiliates further agree to refrain from engaging in any hostile activity toward the system. Any individual that engages in such hostile activity, such as hacking, shall be held liable for any loss sustained by the Company, or its associates due to such action.


19. Affiliate Program & System Is “As-Is”.  Company makes no warranty or guarantee of any kind with respect to the Company’s system with respect to the reliability, stability, quality or dependability. The Company is not responsible for any loss or damage incurred directly or indirectly due to the use of the Company’s website, products, services, or any other portion of the system, including, but not limited to, any system malfunction, period of unavailability, data loss, discontinuation of service, or other inconveniences.


20. Email.  The Company requires your primary email address be listed in your Affiliate Profile. If Affiliate uses an email address that generates an error response consistently (e.g., "Mailbox full") will forfeit any commissions due and the Agreement will be terminated immediately. 


Affiliate consents to receive communications from the Company electronically via email or by posting notices on the Company’s website. You agree that all agreements, notices, disclosures and other communications that the Company provides to you electronically satisfy any legal requirement that such communications be in writing. 


Affiliate must continually have a valid email account on file with the Company.  Failure to do so may result in immediate termination of this Agreement, and forfeiture of any commission due.


21. Liability.  The Company will not be liable for indirect or accidental damages (loss of revenue, commissions) due to Affiliate system sale tracking failures, commission processing system failures, losses of database files or backups thereof, attacks on computing resources, computer viruses, the continued viability of their products, any results of "intents of harm" to the program, or acts of God or Nature. The Company makes no claim that the operation of the Company Websites or that the Company network will be error-free nor will the Company be held liable for any interruptions or errors.


22. Indemnity.  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 of this Agreement.  Affiliate shall also indemnify and hold harmless the Company for any damage, loss or other cost arising out of the use or misuse by Affiliate of the Promotional Materials.


23. Confidentiality.  Any information that Affiliate is exposed to by virtue of its relationship with Company under this Agreement, which information is not available to the general public, shall be considered to be "Confidential Company Information." Affiliate may not disclose any Confidential Company Information to any person or entity, except where compelled by law, unless Affiliate obtains prior written consent for such disclosure from Company.


24. Miscellaneous Provisions.


a. 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.


b. No Waiver.  No term or provision of the Agreement shall be waived unless in writing and signed by the party waiving the provision, and any waiver shall apply only to the specific event or situation which it describes and shall not be continuing. 


c. No Assignment by Affiliate.  Affiliate MAY NOT assign or sublicense this agreement without the Program Operator's prior written consent.


d. Assignment or Transfer by Company.  The Company may assign its rights and duties under this Agreement to any party at any time without notice to Affiliate.  The Company may transfer any rights or responsibility that it may have to any person or entity whatsoever. Nothing herein shall alter or encumber the right of the Company to transfer any such rights or responsibilities. Any transfer by the Company shall cause this Agreement, and any other Agreement then in effect (as well as any other contract between you and the transferring party) to transfer simultaneously, all without permission.

 

e. Legal Fees.  All legal or other fees incurred in collecting returned checks or declined credit cards or any other lack of payment related to a sale made by an Affiliate will be payable by the Affiliate. 


Any sums not collected from the Affiliate or Affiliate's customer are not commissionable, and any fees incurred during processing or handling of sales made by the Affiliate will be deducted in whole from any commissions due to the Affiliate. Further, in the event that the commissions due the Affiliate are insufficient to cover any sums, the Affiliate agrees to pay the full amount to the Company.


f. Violation of Intellectual Property Rights.  If Affiliate has in violated or threatened to violate the Company’s intellectual property rights, in any manner, the Company may seek injunctive or other appropriate relief in any court located in Ada County, Idaho, and Affiliate consents to exclusive jurisdiction and venue in such courts. Use of the Company’s Website is unauthorized in any jurisdiction that does not give effect to all provisions of the Company’s Website’s terms, conditions, and other policies including without limitation this paragraph.


  g. Relationship of Parties.  Affiliate agrees that no joint venture, partnership, employment, or agency relationship exists between Affiliate and the Company as a result of this Agreement or use of the Company’s Website, products, and/or services. 


h. Choice of Law.  This Agreement shall be construed in accordance with, and governed in all respects by, the laws of the State of Idaho, without regard to conflicts of law principles.


i. Resolution Process.  Affiliate agrees that before any legal action or proceeding between the Company and the Affiliate for any purpose concerning this Agreement or the Parties' obligations hereunder, shall be taken, the Parties shall first attempt to resolve the dispute with the help of a mutually agreed-upon online mediator.  Any costs and fees (other than attorney fees) associated with the mediation will be shared equally by the Parties.


If a mutually satisfactory solution is not reached through online mediation, the Parties agree to submit the dispute to binding arbitration at the following location: for legal actions or proceedings between the Company and Affiliate, in Ada County, Idaho, under the commercial rules of the American Arbitration Association. Judgment upon the award rendered by the arbitration may be entered in any court with jurisdiction to do so.


In no case shall Affiliate have the right to go to court or have a jury trial. Affiliate will not have the right to engage in pre-trial discovery except as provided in the rules. Affiliate will not have the right to participate as a representative or member of any class of claimants pertaining to any claim subject to arbitration.  The arbitrator's decision will be final and binding with limited rights of appeal.


j. Limitation on Statute of Limitations.  Any cause of action or claim you may have with respect to the Company’s Website, the products, the services, or the eBook(s), must be commenced within ninety (90) days after the claim or cause of action arises or such claim or cause of action is barred.


k. Headings. The headings for section herein are for convenience only and shall not affect the meaning of the provisions of this Agreement.


l. Illegality.  Should the Affiliate Program be deemed illegal in any jurisdiction, the Company has the right to immediately terminate this program without recourse. 


m. Sales Tax. If a jurisdiction other than the State of Idaho requires the Company to collect sales taxes, use taxes, other taxes or fees, the Company has the right to immediately terminate this program in such jurisdiction without recourse.   


n. Termination Due to Payment Processor.  If the payment processors utilized by the Company determine that sales made through Affiliates cannot be processed through the payment processor, then the Company has the right to immediately terminate the Affiliate Program, without recourse. 


o. Nothing herein is intended to imply that the Company will always offer any Affiliate program, or this Affiliate Program, for all products, services, and/or opportunities sold by the Company on the Websites or that the Company will offer any Affiliate program whatsoever.


p. 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.


q.  LIMITATIONS ON LIABILITY.  IF THE FOREGOING LIMITATIONS OR THE LIMITATIONS WITHIN THE AGREEMENT AND COMPANY’S WEBSITE TERMS, CONDITIONS, AND OTHER POLICIES INCORPORATED BY REFERENCE ARE HELD TO BE UNENFORCEABLE, THE COMPANY'S LIABILITY FOR DAMAGES UNDER THIS AGREEMENT TO ANY PERSON OR ENTITY SHALL NOT EXCEED THE AMOUNT OF FEES PAID BY THAT PERSON OR ENTITY FOR THE PRODUCT, SERVICE, AND OR EBOOK.




This Affiliate program agreement was last updated on April 8, 2013