AFFILIATE AGREEMENT

NOTICE: THIS IS A CONTRACT. PLEASE READ THIS AGREEMENT CAREFULLY. BY REGISTERING FOR THE Ina Gilmore LLC AFFILIATE PROGRAM AND SELECTING THE BOX INDICATING THAT YOU AGREE TO THE TERMS OF THIS AFFILIATE AGREEMENT, YOU EXPRESSLY AGREE TO AND CONSENT TO BE BOUND BY ALL OF THE TERMS OF THIS AFFILIATE AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, PLEASE DO NOT REGISTER FOR THE AFFILIATE PROGRAM.

DEFINITIONS

"Our", “Us” and/or "We" refers to Ina Gilmore LLC, a company which owns and operates a website and an Affiliate Program at www.CaregivingWithPurpose.com and may also publish various information products sold through said website (hereinafter collectively referred to as the "Site"). 

"You" and/or “Your” refers to the visitor using the Site.

Additional definitions of terms used throughout this Agreement can be found in the License/Terms of Use for this website, which is incorporated herein as if it were set forth in full.

GENERAL TERMS OF THIS AFFILIATE AGREEMENT

In order to participate in the Affiliate Program offered by Ina Gilmore LLC, You expressly agree to the terms of this Affiliate Agreement. If You do NOT agree to this Affiliate Agreement, You may NOT participate in the Affiliate Program.

By registering for the Ina Gilmore LLC Affiliate Program and checking the appropriate box on the Affiliate Registration page of this website, you are agreeing to the terms of this Affiliate Agreement.

AFFILIATES

Each Affiliate is an Independent Contractor of Ina Gilmore LLC and not an employee.  Nothing herein is intended to create an employer/employee relationship.

COMMISSIONS/REFERRAL FEES

Whenever someone orders through Your Affiliate link, Your affiliate ID is credited with a referral commission/referral fee. The commission/referral fee amount varies from product, service or opportunity. The rate at which your referral fee is generated can be found on the Site and is subject to change at any time.

Before We can send You a commission check, You must submit to Us certain identification information. Such identification information shall include, at a minimum, a copy of a government issued, picture, identification card (for example, a drivers license). These documents shall be emailed to us at:

SUPPORT EMAIL:  adminteam@caregivingwithpurpose.com

Email us if you need to fax the information.

You will not receive any payment of commission/referral fees until such time as you submit the required documentation to Ina Gilmore LLC.

Commissions on products and/or services are paid at the rates as indicated on the Site. Ina Gilmore LLC strives to pay similar rates on further products and services but reserves the right to pay at a different rate if it so chooses.

INCOME TAX LIABILITIES

You agree that You are acting as an independent contractor and as such, You are solely responsible for any or all United States, State, or foreign Income Taxes and any other tax liabilities that affect or concern the sales of the products or services, in your state or location. If you are NOT a resident of the United States, Ina Gilmore LLC will withhold the appropriate U.S. income tax applicable to foreign nationals, prior to your receipt of any commissions. Ina Gilmore LLC does so pursuant to the United States Internal Revenue Service Laws (also known as the United States Tax Code) and other applicable laws. It is Your sole responsibility, and not the responsibility of Ina Gilmore LLC to take any steps necessary to recover these sums under the Tax Code and other applicable laws.

EMBARGOED NATIONS; SPECIALLY DESIGNATED NATIONALS

The United States controls the export of products and information. You agree to comply with such restrictions and to not export or re-export the materials (including software) to countries or persons prohibited under the export control laws. By becoming an Affiliate, You are agreeing that You are not in a country where such export is prohibited or are not a person or entity to which export is prohibited. You are responsible for compliance with the laws of your local jurisdiction with regard to the import, export, or re-export of the materials (including software).

You are responsible for compliance with all applicable U.S. laws and regulations, including but not limited to, those laws pertaining to export control. By registering as an Affiliate, You warrant that You are not a citizen or resident of a country designated as having Embargoed Nation Status and further, You also warrant that You are not on the list of Specially Designated Nationals or Blocked Persons maintained by the U.S. Treasury Department. The products and/or services are exported from the United States in accordance with the Export Administration Regulations. Diversion to other countries is contrary to U.S. law and is prohibited.

In compliance with the United States Patriot Act, only those who have provided appropriate identification information and do not reside within an embargoed nation and who are not listed on the Specially Designated Nationals list may receive commission via check, wire transfer, PayPal, or other method paid by Ina Gilmore LLC.

COMMISSION SCHEDULE

Commissions are paid once per month by PayPal or Check on the 20^th of the month, and are paid by Ina Gilmore LLC.

There is a minimum commission amount of $50USD. This is the minimum amount that You must earn before You will be paid commissions. In any commission period, Your commission must exceed this amount before You will receive any sums for that period. Commissions below this minimum amount will be held until such time as the commission equals or exceeds this amount.

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

We are not responsible for paying interest to You for accrued but not yet delivered Commission payments.

If a transaction incurs a charge-back or refund at any time, or if an online transaction is not completed in every way, no commission payment is due to You. If a commission has already been paid, then it will be deducted from Your next commission payment if you are an active Affiliate.  If a commission has already been paid and a refund or charge-back occurs, and in the following commission period you do not have any commissions payable, then you agree to remit the amount of the commission charged-back or refunded to Ina Gilmore LLC within 14 days.

All commissions are paid in US Dollars by PayPal or Check. Affiliates requesting bank drafts will have a processing fee of $10.00 deducted from the check. This fee may change at any time.  You are responsible for selecting the payment processor, through which You wish to receive Your commissions/referral fees, from the payment processors supported by Ina Gilmore LLC (if applicable). If You elect a payment processor through which to receive Your commissions and you later terminate the account or the account becomes unavailable for any reason, Ina Gilmore LLC is not responsible for Your not receiving the money. You are responsible for always maintaining the payment processor through which You receive Your commissions/referral fees OR selecting an alternate method of payment supported by Ina Gilmore LLC (if applicable).

This election is entirely made by You and Ina Gilmore LLC assumes no responsibility for non-receipt of payments made according to the payment processor elected by You, or Your lack of ability to conform to the payment processors or processes supported by Ina Gilmore LLC. Ina Gilmore LLC assumes no responsibility for Your not electing a payment processor. If You fail to elect a payment processor, any sums due will be paid via PayPal or Checkand any fees applicable to payments by PayPal or Checkwill be deducted.

MIXING OF PRODUCTS

As an Affiliate of Ina Gilmore LLC, Your website on which You advertise any products of Ina Gilmore LLC may only include products that are suitable for being viewed by persons 13 years of age or older. Your website may NOT contain any content or images that are NOT suitable for being viewed by persons 13 years of age or younger if you include any reference whatsoever to Ina Gilmore LLC, the Site, any of Ina Gilmore LLC’s products, or Your Affiliate Link.

On any website on which You include any reference whatsoever to Ina Gilmore LLC, its products, services, or information products, you may NOT include any reference whatsoever to any form of "Adult" content. Any violation of these requirements will result in immediate termination of your Affiliate status and You shall forfeit any commissions/referral fees that may then be earned but not yet paid. In the event that any violation of these requirements results in the suspension or termination of any payment processor of Ina Gilmore LLC, you shall be liable for liquidated damages in the amount of $10,000 as well as actual and any consequential or actual damages that Ina Gilmore LLC may incur.

PAYMENT PROCESSOR FEES

All commissions are calculated based on the net transaction. In other words, all payment processor fees are first deducted from the sums collected from the customer. Then, the remaining amount is a commissionable sale. The commission rates listed on the commission schedule are then applied to determine the amount due to You. In other words, any sums paid for payment processor fees are not commissionable. Ina Gilmore LLC reserves the right to also charge a per transaction fee for every transaction processed. In the event that a per transaction fee is applied, the amount of the fee can be found on the Site. Any such fee is not commissionable and is also deducted from the sums paid by the customer, prior to the calculation of any commission.

SPAM; UNSOLICITED COMMERCIAL EMAIL (UCE)

Ina Gilmore LLC does not tolerate the sending of unsolicited bulk emails (UCE or SPAM) which promote, or make reference to Ina Gilmore LLC, the Site, Ina Gilmore LLC’s products, information products, or services, or any of its associated companies or websites, Partners, or employees. The provisions of the Terms of Use pertaining to UCE or SPAM shall apply to You as an Affiliate. If, in the opinion of Ina Gilmore LLC, You breach this rule, Ina Gilmore LLC will cancel Your Affiliate status and You will forfeit any outstanding commissions earned but not yet paid as well as any future commissions that could have been earned from cookies set on the computers of those who you have referred to your Affiliate link(s).

UNPROFESSIONAL CONDUCT

Ina Gilmore LLC and its associated companies operate with the strictest codes of professional conduct. If You, as an Affiliate, brings Ina Gilmore LLC or its owners, employees, Partners, other Affiliates, or associates into disrepute, or if You promote any form of slander, racism, or unfair business practices, Your status as an Affiliate will be terminated immediately and You will forfeit any and all outstanding commissions earned but not yet paid as well as any future commissions that could have been earned from cookies set on the computers of those who you have referred to your Affiliate link(s).

Ina Gilmore LLC reserves the right to reject Your Affiliate application if in Ina Gilmore LLC's opinion, You or Your company violates established laws or commonly held standards of decency. For example, We will reject applications from You or Your company if You promote any form of violence or illegal activities, or if You or Your company is someone that Ina Gilmore LLC would prefer not to be associated with.

AFFILIATE SALES/TRACKING

After signing up for the Ina Gilmore LLC Affiliate Program, You will receive a unique Affiliate URL or a series of unique Affiliate URL’s (usually one for each product) (sometimes referred to as “Your Affiliate Link(s)” which You will use to advertise the Site. When someone You refer 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 on any later visit, when a purchase is made by that referral, the commission will be credited to Your Affiliate account based on the existence of the cookie.

In order to receive proper credit for sales made by visitors You have referred, this means that a person or entity must purchase through your unique affiliate URL.  It may also mean that the person You have referred may not be properly tracked to Your Affiliate account if that referral visited the Site with cookies set to disabled in their browser. Masking or cloaking of the links (whether done by software, script, or other type of coding and sometimes referred to as "affiliate link cloaking") may or may not work with parts of the Site.  Ina Gilmore LLC 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.

TERM; TERMINATION

This Agreement will begin upon Your signup with the Affiliate Program and will end when either You or Ina Gilmore LLC terminates your Affiliate status, or if Your account is inactive in any continuous twelve month period. You may terminate its agreement at any time, and for any reason, by writing to or emailing Us at adminteam@caregivingwithpurpose.com. You may not transfer this Agreement, or any rights conveyed in this Agreement, to any third party whatsoever.

Ina Gilmore LLC may also terminate this Agreement at any time, and for any reason, by writing to You at the email address listed in Your profile, with 30 days notice. Ina Gilmore LLC may transfer this Agreement to any party whatsoever, at any time, and this Agreement shall remain in full force and effect, without notice to You. However, if this Agreement should terminate for cause due to violation of this Agreement or the Terms and Conditions, this Agreement shall terminate immediately and Affiliate shall forfeit all right to any commissions then due.

RIGHTS TO MODIFY AGREEMENT

Ina Gilmore LLC and its associated companies may, in good faith, modify any of this Affiliate Agreement and/or the Terms of Use (including the Affiliate Commission Schedule), at any time and at its sole discretion, by posting a change notice or a new agreement on the website. These changes will come into force immediately upon posting. Your continued participation in the Ina Gilmore LLC Affiliate Program following 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 You, Your only recourse is to terminate Your participation in the Ina Gilmore LLC Affiliate Program. Upon termination of Your participation, You must remove all Affiliate links and graphics from its web site, and refrain from publishing same in any manner whatsoever.

NO MISUSE

It is understood that Your use of the Site, the Ina Gilmore LLC products and/or services, and/or Your participation in the Ina Gilmore LLC Affiliate Program shall NOT be done in connection with obscene, defamatory, slanderous, hateful, illegal or politically disruptive material, the definition of which shall be at the sole discretion of Ina Gilmore LLC.

It is also understood that You agree that you will not attempt to cheat, hack, or otherwise misuse the systems that are part of the Ina Gilmore LLC Affiliate Program in an effort to increase Your Affiliate commissions/referral fees.  If such misuse is detected, You will be immediately terminated as an Affiliate and any sums paid by you for any Ina Gilmore LLC products or services and/or any sums potentially earned by You for referring sales to Ina Gilmore LLC will be withheld.  You further agree to refrain from engaging in any hostile activity toward the Ina Gilmore LLC’s and the Site’s system(s). If You engage in such hostile activity or misuse (such as hacking), YOU SHALL BE HELD LIABLE for any loss sustained by Ina Gilmore LLC, its employees, partners, subsidies, affiliates, or other associates due to such action.

AS IS ONLY

There is no warranty or guarantee of any kind with respect to Ina Gilmore LLC’s system as far as reliability, stability, quality or dependability. This means that neither Ina Gilmore LLC, its partners, employees, subsidies, affiliates, or other associates is responsible for any loss or damage incurred directly or indirectly due to the use of the Site, products, information products, services, or any other facet of the overall system. This shall include, but is not limited to, any system malfunction, period of being inoperative or unavailable, loss of data or discontinuation of service, other inconveniences.

FEES

You shall be charged NO FEE by Ina Gilmore LLC for setting up an account to join Our Affiliate Programs.  There may, however, be a fee required to join other memberships incorporated within the Site.  Should you choose to join any paid membership area of the Site, you shall not be entitled to a referral commission for having referred Yourself as a member.

ELECTRONIC COMMUNICATIONS; EMAIL

Ina Gilmore LLC requires Your primary email address be listed in Your Affiliate Profile. You will not be able to use the Site or participate in the Affiliate Program until Your email address is verified. Fail to verify Your email address or using an email address that generates an error response consistently (e.g., "User is over quota" or "Mailbox full") will result in immediate termination of Your enrollment in the Affiliate Program and it will also result in forfeiture of any commissions/referral fees that might otherwise have been due.  You may not use an email address with an auto responder as Your email address in Your Affiliate Profile.

By submitting Your Affiliate Registration through the Site, You consent to receive communications from Us electronically.  When you visit the Site or send emails to Us, You are communicating with Us electronically. We will communicate with you by email or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that We provide to You electronically satisfy any legal requirement that such communications be in writing.

If you are a Ina Gilmore LLC Affiliate, You understand that You may NOT opt out of any emails that you receive from Ina Gilmore LLC. As an Affiliate, You must continually have a valid email account on file with Ina Gilmore LLC  or We reserve the right to terminate Your participation immediately, without any refund of any license fees paid or payment of any commissions/referral fees that may be earned or due.

UNAUTHORIZED CHARGING OR RECEIPT OF PAYMENTS THROUGH THE SITE

You may NOT use the Site, or the Ina Gilmore LLC payment processing system, for Your own private transactions – whether personal or commercial. Any revenue collected through the Site or through the Ina Gilmore LLC payment processing system will become the sole property of Ina Gilmore LLC. Specifically, as an Affiliate, You may not link to the Site for processing of products or services that are not wholly sponsored by Ina Gilmore LLC and authorized by Ina Gilmore LLC and further, You may not link to the Site for processing of any products or services beyond what Ina Gilmore LLC has identified as saleable products for the Site and specific Ina Gilmore LLC Affiliate sales. Should You construct links that process orders through the Ina Gilmore LLC payment processing system, the act will be considered an attack of computing resources with intent to damage the Site and therefore treated as a serious computer crime. Violators will be prosecuted to the fullest extent of the law.

AFFILIATE IDENTIFICATION NUMBER

As an Affiliate, You may be provided with an affiliate identification number. Your affiliate ID number may be numeric and/or CaSe sEnSitIvE. For example, the code 'learn_more' is different from 'Learn_More'. You are responsible for maintaining the secrecy and security of your affiliate ID number and password. You agree to hold Ina Gilmore LLC harmless in the event that any such information is shared by You with any other person or entity whatsoever.

NO PREDATORY ADVERTISING

You agree to refrain from any type of predatory advertising practices, the definition of which shall be at the sole discretion of Ina Gilmore LLC, and shall include, but not be limited to, dynamically replacing the affiliate ID of one affiliate with that of another with the effect of "stealing" the commission away from the affiliate that earned it, whether this be intentional or not. You may not adjust any of the supplied affiliate links to reset cookies or bypass other safeguards in the system. You understand that engaging in such practices is grounds for immediate termination and forfeiture of any earned commissions.

LIABILITY

Ina Gilmore LLC 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. Ina Gilmore LLC makes no claim that the operation of the Site will be error-free nor will Ina Gilmore LLC be held liable for any interruptions or errors.

MISCELLANEOUS

a) If any part of this Agreement or the Terms of Use is declared void, this Affiliate Agreement and the Terms of Use shall, to the maximum practicable extent, be construed without reference to that part. No term or provision of this Affiliate 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. You may not assign or sublicense this Agreement without prior written consent of Ina Gilmore LLC.

b) All legal or other fees incurred in collecting returned checks or declined credit cards or any other lack of payment related to a sale referred by an Your or through your Affiliate Link will be payable by the customer You referred. Any sums not collected from Your customer are not commissionable, and any fees incurred during processing or handling of sales referred by You will be deducted in whole from any commissions You may have earned. Further, in the event that Your commissions/referral fees are insufficient to cover any such sums, You agrees to pay the full amount to Ina Gilmore LLC within 30 days of being given written notice of the balance due and the reason for the balance due.

c) IF THE FOREGOING LIMITATIONS OR THE LIMITATIONS WITHIN THE TERMS OF USE ARE HELD TO BE UNENFORCEABLE, INA GILMORE LLC 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 INFORMATION PRODUCT OR SOFTWARE (LICENSE).

d) To the extent You have in any manner violated or threatened to violate Ina Gilmore LLC’S intellectual property rights, Ina Gilmore LLC may seek injunctive or other appropriate relief in any state or federal court in the State of South Carolina, U.S.A. and You consent to exclusive jurisdiction and venue in such courts. Use of Ina Gilmore LLC’s Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.

You agree that no joint venture, partnership, employment, or agency relationship exists between You and Ina Gilmore LLC as a result of this Affiliate Agreement or use of the Site and/or the information products, products, services, and/or software. Ina Gilmore LLC's performance of this agreement is subject to existing laws and legal process, and nothing contained in this Agreement is in derogation of Ina Gilmore LLC's right to comply with governmental, court and law enforcement determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect.

e) This Agreement shall be governed and construed in accordance with the laws of the State of South Carolina and the country of U.S.A. applicable to agreements made and to be performed in the State of South Carolina and in the country of U.S.A.. You agree that any legal action or proceeding between Ina Gilmore LLC and You for any purpose concerning this Agreement or the parties' obligations hereunder, will first attempt to be resolved 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 each of Us.

f) If it proves impossible to arrive at a mutually satisfactory solution through online mediation, You and Ina Gilmore LLC agree to submit the dispute to binding arbitration at the following location: for legal actions or proceedings between Ina Gilmore LLC and you, in Marion County, South Carolina, U.S.A., under the 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 You have the right to go to court or have a jury trial. You will not have the right to engage in pre-trial discovery except as provided in the rules; you 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.

g) Any cause of action or claim You may have with respect to the Site, the products, the services, or the information products must be commenced within ninety (90) days after the claim or cause of action arises or such claim or cause of action is barred.  Ina Gilmore LLC's failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. Ina Gilmore LLC may assign its rights and duties under this Agreement to any party at any time without notice to You. Use of headings in this document is for convenience only and does not identify legal boundaries or terms explicitly.

h) Ina Gilmore LLC may modify this Agreement, and the agreement this creates, at any time, simply by updating this posting and without notice to You. This is the ENTIRE agreement regarding all the matters that have been discussed.

i) Ina Gilmore LLC 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 Ina Gilmore LLC to transfer any such rights or responsibilities. Any transfer by Ina Gilmore LLC 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.

j) Should this Affiliate Program be deemed illegal in any jurisdiction, Ina Gilmore LLC has the right to immediately terminate this program, without recourse. If the payment processors utilized by Ina Gilmore LLC determine that sales made through Affiliates cannot be processed through the payment processor, then Ina Gilmore LLC has the right to immediately terminate this Program, without recourse. Nothing herein is intended to imply that Ina Gilmore LLC will always offer any affiliate program for all products, services, and/or opportunities sold by Ina Gilmore LLC on the Sites or that Ina Gilmore LLC will offer any affiliate program whatsoever.

Any rights not expressly granted herein are reserved.

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