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Affiliate Program Terms & Agreement

LAST UPDATED: JULY 23, 2023

We are so thrilled to welcome You into the Fempreneur Designs Referral Program. These Terms are a binding agreement that You should read carefully and refer back to as You share our offers to your audience through your affiliate link(s). If You have any questions, please contact Us at creatives@fempreneurdesigns.com

 

We will refer to You as “Affiliate” throughout these Terms. As an Affiliate, you expressly agree to be bound by all of the following Terms: 

  • As an Affiliate, you are solely responsible for the results of your actions and any actions of your subcontractors, contractors, employees, assigns, partners, interns, externs, LLC members and volunteers.
  • The affiliate program ONLY supports activity that results in sending purchase referrals to Fempreneur Designs. Commissions will NOT be approved if they fill out the booking form without mentioning your name on under the questionnaire.
  • Affiliate is an independent contractor of Fempreneur Designs. Affiliate is responsible for their own business operation and expenses, including securing or paying any licensing fees, insurance, taxes (including FICA or other local taxes as applicable to your country, province, state or territory), registrations or permits. 
  • Company is not responsible for paying for any benefits, Workers Compensation, insurance or unemployment fees to Affiliate.
  • Affiliate agrees to keep a working email address for payments on file. It is not Fempreneur Designs’s responsibility to track down an Affiliate to make a payment to Affiliate. Fempreneur Designs will make reasonable attempts to pay Affiliate for up to 6 months using Affiliate’s provided information. If Fempreneur Designs is unable to contact Affiliate during this period through reasonable efforts, Affiliate will forfeit any payments owed to them.
  • Affiliate agrees to cooperate with fulfilling Fempreneur Designs’ requests for all tax information necessary to maintain Affiliate’s relationship with Fempreneur Designs. 
  • Affiliate has full legal capacity to agree to these Terms. To be clear, Affiliate is of age in Affiliate’s location to enter into contracts and collect payments, and is of sound mind (i.e. not inebriated or otherwise unable to make decisions on Affiliate’s behalf).
  • Affiliate agrees to receive emails regarding this affiliate program.
  • Affiliate agrees to review these Terms at least annually or when updates are made to these Terms or attached privacy policy. Fempreneur Designs may make reasonable updates to these Terms at any time without notice to Affiliate.
  • These affiliate Terms are effective immediately upon signing up for Fempreneur Designs’ affiliate program, and shall continue until terminated as described here.
  • Affiliate can leave this affiliate program at any time but will continue to be bound to these Terms as applicable. 
  • Affiliate shall return or discontinue use of any and all intellectual property, registered or unregistered, at the time of termination.

PROHIBITED ACTIONS

Affiliate expressly agrees not to do any of the following activities:

  • Impersonate any other person, business or organization upon booking; or
  • Publicly share any affiliate program details, login information or other materials about or originating from this affiliate program; or 
  • Purposely purchase from Affiliate’s own link. Any such purchases will be disapproved for commissions; or 
  • Use any part of this affiliate program or these Terms to build Affiliate’s own program or affiliate Terms; or 
  • Send spam mail or otherwise violate the US and CAN-SPAM or any other applicable current or new spam laws; or
  • Register and/or use domains with the wording: Fempreneur Designs, or any of its other properties, or any similar term contained within such domains; or 
  • Disparage or misrepresent Fempreneur Designs, or any of its other properties in any way, in particular using words like “scam” or “rip-off;”or
  • Bid on or otherwise attempt to acquire any rights in Fempreneur Designs or any of its other properties for copyrights, service marks, or trademarks; or
  • Promote Fempreneur Designs or any of its other properties on or through any sites with inappropriate content, as determined by Fempreneur Designs; or
  • Engage in any conduct that is likely to impair or cause damage to the operation of Fempreneur Designs or the Fempreneur Designs website whether by way of a virus, corrupted file or through use of any other software or program; or
  • Engage in any willful conduct that is likely to impair or cause damage to the reputation of Fempreneur Designs, either directly or indirectly, as determined at the discretion of Fempreneur Designs.

VIOLATION OF AFFILIATE TERMS OR ENGAGING IN PROHIBITED ACTIONS

Violation of these Terms will result in immediate termination without notice and forfeiture of commissions earned, paid or unpaid. Affiliate will be responsible and agrees to pay any actual damages suffered by Fempreneur Designs due to Affiliate’s violation of these Terms. 

COMMISSION DETAILS

Affiliate earns a if the person they refer provided their name on the questionnaire upon booking a discovery call. Affiliate earns a commission of $50 for every website template sold, $100 for every website designs clients, $50 for every VA and SMM clients and $20 for every landing page design client. Commission amounts are the cost of the total cart value less any discounts, refunds, chargebacks and payment processing fees. Affiliate’s commission will range due to a 3% payment processing fee, and any promotion/sales where the template price is lowered. 

PAYOUT DETAILS

Affiliate payouts are made at least once every 30 business days. Affiliate sales will qualify for payout after 30 days after referred person’s purchase. All payouts are delivered via PayPal. There is no minimum payout threshold before a payout will be made, regardless of when the sales in the payout were earned by Affiliate. 

FTC & SPAM DISCLOSURE

Affiliate agrees to follow current FTC endorsement guidelines (click below to read “The FTC’s Revised Endorsement Guides: What People are Asking”). http://business.ftc.gov/documents/bus71-ftcs-revised-endorsement-guideswhat-people-are-asking

MAXIMUM DAMAGES

Affiliate agrees that the maximum amount of damages they are entitled to in any claim arising out of or relating to this Agreement or services provided in this Agreement are not to exceed Party’s total cost spent or earned on producing content or work products for the Affiliate Program.

INDEMNIFICATION

Parties agree to indemnify and hold harmless the other Party and its employees, agents and independent contractors for any injury, property damage, liability, claim or other cause of action arising out of or related to the Affiliate Program.

ASSUMPTION OF RISK

Parties and related parties/ participants expressly assume the risk of participating in the Affiliate Program as described in this Agreement. Parties understand that some or all parts of any Affiliate Program purpose could involve unknown risks or variables, and Parties and any related persons Parties are respectively responsible for and assume the risk of conducting themselves properly given the circumstances.

NO INCOME GUARANTEE

We make no income/financial claims, nor guarantee of any kind regarding the potential income that can be generated through your participation in this program.

OWNERSHIP OF PROPERTY

All contracts, photographs, copyrights, trademarks, designs, intellectual property, website(s), graphics, images, legal documents, financial accounts, insurance, software accounts and other related business documents, including content created only for the purpose of fulfilling these affiliate Terms remains the property of the contributing party. The non-contributing party hereby receives a non-exclusive, revocable license to any listed property only for the purpose of fulfilling the Terms of this Agreement, unless otherwise declared to and agreed in writing by Fempreneur Designs. 

GOVERNING LAW

The laws of Davao City, Philippines govern all matters arising under or relating to these affiliate Terms. 

SEVERABILITY

If any portion of these affiliate Terms is deemed to be illegal or unenforceable, the remaining provisions of these affiliate Terms remain in full force and effect.

MERGER

These affiliate Terms constitute the final, exclusive agreement between the Affiliate and Fempreneur Designs on the matters contained in this Agreement.

INTERNATIONAL DATA

Our website is hosted by servers located in United States. Therefore, if You reside outside Canada, some of Your data will be transferred internationally to and stored on those servers. In addition, We may use third-party processors (including payment processors) and subcontractors located in Canada and United States. We use all reasonable methods to protect the safety of Your data during transfer, including hosting Our website on reputable servers and engaging reputable third-party processors. By using this site and providing Us with information, You consent to this transfer, processing, and storage of Your information in Canada. Note that the privacy laws in Canada may not be as strict as those in other countries.

Please be aware that:
We may transfer data that We collect to locations outside of Our headquarters for processing or storing, and the data may be processed by Our staff or by third-party processors. For example, We may engage third parties to fulfill orders. By submitting Your personal data, You agree to this transfer, storing, and processing. We take all reasonable steps to make sure Your data is treated securely and in conformity with this Privacy Policy.


Data that is provided to Us is stored on secure servers. Payment information and other sensitive data will be encrypted to ensure its safety.
The transmission of data via the internet is never completely secure, and We cannot guarantee the security of data that is sent to Us electronically. Your transmission of data to Us is at Your own risk.

Where data that You have transmitted to Us is password protected, You are responsible for keeping the password confidential. You are exclusively responsible for any breaches of Your data that results from Your own disclosure of or failure to protect Your password.

We use website hosting servers/third-party processors/subcontractors located in United States, which has received an Adequacy Determination from the European Commission, meaning that the European Commission has determined that appropriate safeguards are in place to protect data once it is transferred to that country.

Customer data outside the U.S. may be transferred to Our website servers and/or third-party processors or subcontractors that are located in the U.S. We use Namecheap Web Services, which actively participate(s) in the U.S. Privacy Shield framework. The E.U. has determined that companies participating in the U.S. Privacy Shield have adequate safeguards in place to protect customer data.