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This document sets forth the terms and conditions of this document that apply to your affiliate account with Brainfiller, Inc. (“Brainfiller”). Once your application is submitted to and accepted by Brainfiller, the application and terms and conditions will constitute an agreement (“Agreement”) between you and Brainfiller. A Brainfiller Affiliate (“Affiliate”) is someone who wants to enjoy the benefits of earning commissions on individuals or groups purchases using your referral link to purchase Brainfiller training classes and/or On Demand classes. You understand and agree to all parts of this agreement.
To be eligible to become an Brainfiller Affiliate you must be (a) legally competent and of legal age (at least 18 years old) to enter into a binding contract; (b) submit a complete, legible, unaltered, and valid Brainfiller Affiliate Application, that includes valid and accurate contact information; (c) review all required materials and documents, including the TERMS AND CONDITIONS OF THE BRAINFILLER GLOBAL AFFILIATE AGREEMENT and BRAINFILLER PRIVACY POLICY.
By submitting a Brainfiller Affiliate Application (BAA), you are applying for legal authorization to become an Affiliate and are contracting with Brainfiller. Your contract with Brainfiller includes BAA all of its Terms and Conditions and Privacy Policy. You do not have to be a customer or make any purchases to be an Affiliate but you must maintain an account with Brainfiller.
You acknowledge that you have received, read, and understand that Brainfiller commissions and payments in the Commissions Plan in Item 3 of this agreement reflect a hypothetical example and your commissions and payout could be less; and that you have read and agree to all Terms and Conditions in these terms. You understand if you have altered these Terms and Conditions in any way, your BAA will not be deemed accepted by Brainfiller, regardless of the passing time or payment of commissions. Brainfiller may, at its discretion, deem this BAA to be void ab initio and require that you repay all commissions Brainfiller has paid to you. You further understand you may terminate your Brainfiller Affiliate contract at any time for any reason. To terminate your Brainfiller Affiliate contract, you must give written notice via email to Brainfiller at affillate@brainfiller.com
Upon Brainfiller’s acceptance of your application, you understand that you will become a Brainfiller Affiliate and will be eligible to participate and receive commissions with such sales under the Brainfiller Affiliate contract.
As an affiliate you are an independent contractor. You acknowledge and agree that you are not an agent, employee, legal representative or franchisee of Brainfiller or any other Brainfiller affiliate. You further understand and agree that you will not be treated as an employee for purposes of any labor standards in your country or any other relevant acts.
You understand and agree that you are responsible for and will pay any and all taxes and fees required by your country, state, providence or jurisdiction, including income taxes, that apply to your activities and compensation received under the Brainfiller Affiliate contract.
You understand and agree that substantially all of your renumeration for the purchases from your referral link will consist of commissions paid by Brainfiller based on orders from other consumers through your referral link.
As an Brainfiller Affiliate, you are not guaranteed any income, nor are you assured of any commissions or profit except as described in the agreement.
Brainfiller electronically deposits commissions directly into the bank account you specify as part of your official acceptance of becoming a Brainfiller affiliate.
A commission cannot be paid if the customer uses a different browser to make the purchase than the one they originally used to visit our site (because the cookie does not exist in that browser) It is the responsibility of the affiliate to insure the customer is making a purchase with the cookie to track the sale.
Commission: On-Demand Training For on demand training programs that are not live or scheduled, Brainfiller pays the first week of the month for transactions two months before. This allows time to for Brainfiller to close out the customer transactions for the commission month and allow time for customer payments to be settled before Brainfiller, Inc. pays commission to its affiliates.
Payment Example: On Demand Training Commission: Affiliate commissions earned in January would be paid the first week of March. February commission would be paid the first week of April.
Note: Live Classes are not part of the affiliate program.
NOTICE: If you provide incorrect bank information and a payment is rejected, we will contact you to obtain correct information. No additional attempts to deposit funds will be made until account information is corrected. If your bank rejects an electronic transfer or otherwise fails to honor a transaction, you may be charged associated service and return fees where applicable. Brainfiller may charge an account administration fee against any outstanding balances, to the extent permitted by applicable law. Contact your bank if you are unsure of your bank’s policy or whether any bank restrictions or fees may apply. Available payout methods may vary by country.
You agree that you will use no internet website, other than your personal/company website, to market you are a Brainfiller Affiliate unless you first submit the website and related information to Brainfiller at affiliate@brainfiller.com, and you have receive approval from Brainfiller to use the website.
The following types of websites are not permitted to become a Brainfiller Affiliate: adult websites and websites that promote violence, hatred or bigotry, sites that promote or engage in illegal activity, including (but not limited to), hacking, cracking, nulled, and warez sites. Affiliate applications for inappropriate websites will be rejected, and we reserve the right to choose whether or not to provide a rejection reason. Affiliate applications for websites that sell, advertise or engage in phishing scams, spamming, illegal business practices, or that include any material infringing on National or International Copyright will be rejected. Affiliate applications for websites that we do not believe are aligned with our industry or business may be rejected.
Periodic review of affiliate websites may be made at any time and if the website is deemed to be in violation of the above prohibitions, the affiliate agreement will be immediate terminated without notice and outstanding commissions cancelled.
You agree that you will not advertise using Brainfiller’s name, trade names or logos in any manner, except as may be permitted. In addition, you will make no representations or claims about any Brainfiller products / services, the Brainfiller Affiliate program, and Brainfiller program beyond those statements on Brainfiller-authorized literature and materials. You are prohibited from producing, selling or using any written, recorded, or other materials to advertise, promote or describe any Brainfiller services / products, including the commission plan and programs not first reviewed and approved by Brainfiller in writing. All materials must either be provided by Brainfiller or first approved by Brainfiller in writing before being used.
You understand that you may not delete, reproduce or copy, add, modify, tamper with, repackage, re-label or alter any Brainfiller product / service or alter any Brainfiller literature or materials.
As a Brainfiller Affiliate, you are subject to the terms of the Brainfiller Privacy Policy (which may be found here or Brainfiller.com), which is incorporated as part of these Terms and Conditions. You acknowledge that you have read and understand the Privacy Policy and consent to using any personal information you provide for the purpose in the Privacy Policy and your Brainfiller Affiliate contract.
The personal data disclosed in establishing your Brainfiller Account and personal data collected in fulfilling our obligations is necessary for Brainfiller to operate and coordinate and carry out its obligations under this and one other agreements. The data collected is used by Brainfiller’s internal and third-party service providers participating in the operation and management of the affiliate program. You consent to disclosing your name, telephone(s), e-mail address(es), shipping address(es) and other contact information on your application or otherwise provided to Brainfiller, and information regarding your Brainfiller referral(s), (excluding account information) to Brainfiller’s internal departments, external service providers or support.
By becoming a Brainfiller Affiliate, you agree to receive communication from Brainfiller, by e-mail. Brainfiller communication may include but is not limited to: operational communications about your account or use of Brainfiller’s services, updates, communications about promotions run by us or our third-party partners, and news about Brainfiller and other business developments.
If you wish to opt out of promotional emails, you can unsubscribe from our promotional email list by following the unsubscribe options in the promotional email itself or by going to your Brainfiller account and deselect the information you do not want to receive. You acknowledge that you do not have to consent to receive promotional emails, as a condition of being an Affiliate. However, you understand that opting out of receiving such communications may affect your use of Brainfiller services and your referrals.
You may only obtain, record, use, hold transfer, dispose of, and otherwise process personal information about Brainfiller customers, or other Affiliates or any other person (however obtained) only under BAA and the Privacy Policy.
Spamming is prohibited. Spamming includes, but is not necessarily limited to: (a) Sending unsolicited e-mail messages that contain only e-mail or web addresses from your account to online users; (b) Posting messages that contain your service address in news unrelated to your products or service; (c) Creating false “from sources” in an e-mail message, or in a newsgroup posting or other group posting with your service address, thereby giving the impression that the message originated from Brainfiller or its network of Brainfiller Affiliates; (d) Sending unsolicited e-mail to people not within your Sales Team or with whom you have no prior business or personal relationship.
By entering this BAA, you authorize the lawful and unlimited use of your full name, likeness, image, voice, written comments, testimonials or other documentation in connection with marketing, publicizing, or otherwise promoting Brainfiller products, marketing programs, services, or promotional literature and supplies, without renumeration or other consideration being paid to you. You further consent to Brainfiller’s publishing in any of its material, whether electronically or in hard copy, your name, photograph, city and state of residence, the commissions and any other information Brainfiller may customarily publish about Affiliates, without renumeration paid to you. Your testimonial or endorsement of Brainfiller products / services or other personal participation is made of your own free will and you will be paid no monetary sum for doing so.
The term of this BAA is one (1) year and will automatically renew on each anniversary date, unless earlier terminated by you or Brainfiller. You may terminate your BAA at any time and for any reason by providing written notice to Brainfiller. Written requests for cancellation are considered effective when a valid request is received by Brainfiller. Cancellation notices may be sent via email from your email address on file with Brainfiller to: affiliate@brainfiller.com . The written notice must bear your printed name, address, and account or ID number. Brainfiller may also terminate your BAA at any time for any reason.
Accounts inactive for more than 12 months may be terminated by Brainfiller, Inc.
If either you or Brainfiller, Inc. elect to cancel the BAA or it is terminated for any reason, you understand that you will permanently lose all rights as an affiliate. Affiliate program nor shall you be eligible to receive commissions resulting from the activities of your former referral link. If a cancellation occurs, termination, or non-renewal, you waive all rights you have, including but not limited to property rights, to your rights to your referral link or Affiliate and your right to any commissions derived through the sales of your former referral link / Affiliate.
You may not transfer or assign your referral link or delegate any rights or duties under this Agreement without the prior written consent of Brainfiller. Any attempt to transfer or make such assignment or delegation without prior written consent of Brainfiller is ineffective and void ab initio. Brainfiller may transfer or assign any or all its rights and to delegate any of its duties under this Agreement without consent or notice.
Affiliate agrees that any claim or dispute between affiliate and Brainfiller shall be resolved by arbitration administered under the Code of Procedure for Resolving Business-to-Business Disputes in effect when the claim is filed. The jurisdiction of arbitration shall be Maricopa County, Arizona, United States.
You acknowledge and understand that the acceptance of this BAA does not constitute the sale of a business or franchise, there are not exclusive territories granted to anyone, that no franchise fees have been paid or collected, and that you are not acquiring any security interest.
Violation of any of the terms of the Affiliate contract or any law may cause forfeiture of commissions and/other payments from Brainfiller. Limiting none of its rights or other remedies, if your Affiliate contract is terminated or cancelled by Brainfiller (or by you) at any time for any reason, you will permanently lose and forfeit all rights as a Brainfiller Affiliate position, and you waive and forfeit all rights and claims to commissions and other payments.
You agree that any unresolved dispute will be resolved and settled under the Dispute Resolution / Confidential Arbitration.
Each clause in these Terms and Conditions operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining clauses will remain in full force and effect.
The failure of Brainfiller to enforce any of the provisions herein shall not be deemed a waiver of their enforceability.
Brainfiller may adjust or amend this Agreement, including these Terms and conditions at any time. Notice of such adjustments or amendments will be published at least thirty (30) days before being made effective. You agree to be bound by all such amendments and understand that your only remedy for not accepting such amendments is to terminate this Agreement. Placing an order after publication of any amendment will constitute your acceptance of the amendment.
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