PLEASE READ THIS AGREEMENT CAREFULLY BEFORE REGISTERING AS AN AFFILIATE. BY CLICKING “I AGREE” BELOW, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.
DEFINITIONS
For purposes of this Agreement, the following terms shall have the meanings set forth below:
“Affiliate” means the individual or entity accepting this Agreement and participating in the Affiliate Program.
“Affiliate Link” means the unique tracking URL assigned to Affiliate that records referrals and tracks sales generated by Affiliate.
“Affiliate Program” means Company’s marketing program whereby Affiliate promotes Company’s Products and Services in exchange for Commissions on Qualifying Sales.
“Commission” means the percentage or fixed amount paid to Affiliate for each Qualifying Sale, as specified in the Affiliate Program materials provided by Company, which is currently set at [COMMISSION RATE]% of the sale price.
“Company” means 5 STAR MARKETING, a partnership between Chris Williams and Emilio Sole. 1
“Completed Sale” means a transaction where a customer referred by Affiliate has: (i) completed the purchase process, (ii) made full payment for Products or Services, (iii) passed the fifteen (15) day holding period, and (iv) has not requested a refund or chargeback.
“Minimum Payout Threshold” means the minimum amount of earned Commissions required before payment is issued to Affiliate, which is currently set at $[AMOUNT].
“Products and Services” means the networking community memberships, courses (including “90 Days to Referral Mastery”), mentorship programs, and related offerings provided by Company. 2 3
“Proprietary Information” means any non-public information related to Company’s business, including but not limited to customer lists, marketing strategies, financial information, trade secrets, business plans, product information, pricing structures, technical processes, source code, and any other confidential information.
“Qualifying Sale” means a Completed Sale that results from Affiliate’s marketing efforts through Affiliate’s Link.
“Written Notice” means communication delivered via email to the address on record, certified mail, or other trackable delivery method that provides proof of receipt.
1. APPOINTMENT AND RELATIONSHIP
1.1 Appointment. 5 STAR MARKETING (“Company”) appoints you (“Affiliate”) as a non-exclusive independent contractor to promote Company’s products and services in accordance with this Agreement.
1.2 Independent Contractor Status. Affiliate is an independent contractor (1099) and not an employee of Company. Affiliate is solely responsible for all tax returns and payments required to be filed with or made to any federal, state, or local tax authority. Company will report amounts paid to Affiliate by filing Form 1099-MISC with the Internal Revenue Service as required by law.
2. AFFILIATE PROGRAM
2.1 Enrollment. Upon acceptance into the Affiliate Program, Company will provide Affiliate with a unique referral URL (“Affiliate Link”) that will track all sales generated by Affiliate.
2.2 Promotion. Affiliate may promote Company’s networking community and residual income programs 2 through Affiliate’s website, social media channels, email marketing, or other marketing channels approved by Company.
2.3 Marketing Materials. Company may provide Affiliate with marketing materials for use in promoting the Products and Services. All marketing materials must be used in their original form unless modifications are approved in writing by Company. Affiliate may request approval of custom marketing materials by submitting them to [EMAIL ADDRESS].
3. COMPENSATION
3.1 Commission-Only Compensation. Affiliate acknowledges that compensation is based solely on commissions earned from completed sales. There is no base pay, salary, or guaranteed earnings under this Agreement.
3.2 Qualifying Sales. Commissions will only be paid on completed customer payments that are not subsequently refunded or charged back.
3.3 Holding Period. All commissions are subject to a fifteen (15) day holding period after the sale before payout to ensure the sale is final.
3.4 Payment Schedule. Commissions will be paid monthly for all qualified sales from the previous month, provided Affiliate has reached the Minimum Payout Threshold.
3.5 No Guarantees. Company makes no guarantees regarding the level of commissions Affiliate will earn. Earnings are based solely on Affiliate’s efforts and actual sales generated through Affiliate’s Link.
4. AFFILIATE OBLIGATIONS
4.1 Compliance with Laws. Affiliate shall comply with all applicable laws, regulations, and guidelines, including FTC guidelines regarding endorsements and testimonials, CAN-SPAM Act, and privacy laws.
4.2 Prohibited Activities. Affiliate shall not:
• Use Affiliate’s Link on spammy websites or platforms;
• Engage in misleading promotional activities;
• Make false claims about Company or its products/services;
• Engage in any illegal, fraudulent, or deceptive practices;
• Use marketing materials not approved by Company;
• Bid on Company’s trademarks in search engines;
• Send unsolicited commercial email (spam); or
• Attempt to modify or reverse engineer the Affiliate Link.
4.3 Results and Testimonials. Affiliate acknowledges and agrees that: (a) No Guaranteed Results. There are no guaranteed results from participation in Company’s programs. Program and content use is at the customer’s own risk. Affiliate shall not make any representations guaranteeing specific results. (b) Testimonial Requirements. When sharing testimonials or income claims, Affiliate must clearly and conspicuously disclose that results are not typical and will vary based on numerous factors including but not limited to background, experience, financial standing, and work ethic. All testimonials used by Affiliate must include the following disclaimer: “DISCLAIMER: The results mentioned are personal results. Results are not typical, nor is there any guarantee you’ll duplicate them. Results vary and depend on many factors including background, experience, financial standing, and work ethic. All business entails risk as well as consistent effort and action.”
5. TERM AND TERMINATION
5.1 Term. This Agreement shall commence upon Affiliate’s acceptance and continue until terminated.
5.2 Termination Without Cause. Either party may terminate this Agreement at any time by providing thirty (30) days’ Written Notice.
5.3 Termination for Cause. Company may terminate this Agreement immediately if Affiliate:
• Breaches any provision of this Agreement;
• Engages in prohibited activities;
• Damages Company’s reputation; or
• Fails to generate any sales for six (6) consecutive months.
5.4 Effect of Termination. Upon termination, Affiliate shall cease using all Company materials, remove all Affiliate Links, and be entitled to receive any unpaid commissions earned prior to termination.
6. LIMITATION OF LIABILITY
IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
7. INDEMNIFICATION
Affiliate agrees to indemnify, defend, and hold harmless Company and its partners, officers, directors, employees, agents, and affiliates from and against any claims, demands, liabilities, costs, or expenses resulting from Affiliate’s breach of this Agreement.
8. CONFIDENTIALITY
Affiliate agrees to maintain the confidentiality of all Proprietary Information relating to Company, both during the term of this Agreement and after its termination.
9. DISPUTE RESOLUTION
Any dispute arising out of this Agreement shall be resolved first through good faith negotiation. If negotiation fails, the dispute shall be submitted to binding arbitration in San Diego, California.
10. GOVERNING LAW
This Agreement shall be governed by the laws of the State of California, without regard to its conflict of laws principles.
11. ENTIRE AGREEMENT
This Agreement constitutes the entire understanding between the parties and supersedes all prior agreements or understandings.
12. AMENDMENTS
Company reserves the right to modify this Agreement at any time by posting an updated version on the website. Affiliate’s continued participation in the Affiliate Program following such notice constitutes acceptance of the modified terms.
BY CLICKING “I AGREE,” AFFILIATE ACKNOWLEDGES THAT AFFILIATE HAS READ, UNDERSTOOD, AND AGREES TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.