Affiliate Terms and Conditions
1.1 When the following words with capital letters are used in these Terms, this is what they will mean:
Event Outside Of My Control: is defined in clause 8;
Terms: the terms and conditions set out in this document or any other contract agreed between us;
I /Me/My/Us/Our/Company/We: Michelle Stonhill, Women's Wealth Strategist and Business Coach, Fierce Faith Company/brand;
Intellectual Property Rights: Any and all copyrights, rights in inventions, patents, know-how, trade secrets, trade marks and trade names, service marks, design rights, rights in get up, database rates and rights in data, rights in software, the right to sue for passing off, domain names and all similar rights in each case whether registered or not including any applications to protect or register such rights and including all renewals and extensions of such rights or applications, whether vested, contingent or future and wherever arising throughout the world.
Confidential Information: Any and all data, ideas, or information in any form relating to your, our, or any other participant on our Program's business, services, operations, plans, strategies, know how, trade secrets, methods, market opportunities, customers (including prospective customers), commercial relationships, and general business affairs.
1.2 When I use the words “writing” or “written” in these Terms, this will include email and social media messages unless I say otherwise.
2. PRIVACY, CONFIDENTIALITY AND INTELLECTUAL PROPERTY
2.2 We shall not, either directly or indirectly, communicate or disclose, make available to, or use for our own benefit (other than in order to provide the Services to you) or for the benefit of any other person or entity your Confidential Information.
2.3 You agree to keep confidential any of our Confidential Information or any Confidential Information of a fellow participant in any Service which you receive and not to either directly or indirectly, communicate or disclose, make available to, or use for your own benefit any such Confidential Information other than in discussion with other Service participants during Service sessions or Service activity.
2.4 You acknowledge and agree not to exploit or otherwise infringe our Intellectual Property Rights (other than insofar as we allow in order for you to participate) or that of any other participants, in doing so you agree to pay Us a licence fee of £25000 which is payable immediately.
2.5 You acknowledge and agree that any Intellectual Property Rights shared with you by us or a fellow participant is confidential and belongs solely and exclusively to Us and are our Confidential Information, and may only be used by you as authorised by Us.
2.6 You acknowledge and agree not reproduce, distribute, share and/or sell any Intellectual Property Rights, Confidential Information or any other materials, access or information provided to you by Us, in doing so you agree to pay Michelle Stonhill a licence fee of £25000 which is payable immediately.
2.7 You agree that if you violate any of your obligations contained in this clause 2, that irreparable harm may result and we and/or the other participant(s) will be entitled to injunctive relief against you and you also agree to indemnify and hold us and our participants harmless any action taken against us or our participants arising out of your violation of any provision of this clause 2.
2.8 You may not without my prior written consent make any audio or visual recordings/photographic copy of all or any part of our Confidential Information or any other service.
2.9 As is good practice in coaching, We undertake coaching and am part of supervision groups. You agree that We may disclose any issues which arise out of theTerms with my own coach, supervisor and/or supervision group but We agree only to disclose such issues on a general basis and without disclosing your name.
2.10. Any and all Confidential Information relating to clients engaging with Us due to your direct referral will remain private and confidential. You acknowledge that you have no rights to any information outside of the original purchase.
3. MY CONTRACT WITH YOU
3.1 You are engaging me and the Fierce Faith brand as a ‘Woman's Wealth Strategist and Business Coach’ with the sole intention to refer clients to our services.
3.2 Please ensure that you read these Terms and all other terms/contracts carefully and check that your details and in these Terms are complete and accurate. If you think that there is a mistake on the Terms/Contract, please contact me by email. I will confirm any changes in writing to avoid any confusion between us.
3.3 These Terms will become binding once you have ticked to confirm your acceptance. The contract will then continue unless and until the Terms are terminated as set out in these Terms or a further Contract is signed.
3.4 You agree and accept that you are acting solely as a self-employed contractor and are in no way employed by Us or under any kind of employment agreement with us. As such you are solely responsible for all TAX obligations arising from commissions paid to you by Us.
3.5 Throughout the duration of any agreement you shall not, in any manner, represent, provide services or engage in any aspects of business or solicit any client, customer, officer, staff, consultant, or employee for your benefit or benefit of a third party that is or may be engaged in a similar business throughout the duration of this agreement and for a period not to exceed 1 year following the culmination, completion or termination of these Terms/Contract without written permission from Michelle Stonhill, in doing so you agree to pay Michelle Stonhill a licence fee of £25000 which is payable immediately.
3.6 You agree that we may limit, suspend, and/or terminate your participation (which may result in your immediate physical removal) without payment any sums owed or reducing your obligation to these or any other agreed Terms if we determine that you are becoming disruptive or impairing the participation or progress of any instructors or participants or if you fail to follow or abide by these or any other agreed Terms.
4. CHANGES TO ORDER OR TERMS
4.1 I may change these Terms at my discretion or if there is a change in the relevant laws and regulatory requirements.
4.2 If I have to revise these Terms under clause 4.1, I will give you at least 2 week’s written notice of any changes to these Terms before they take effect. In these circumstances, you can choose to cancel the contract in accordance with clause 8.
5.1 You will receive $100 per new purchase of the Fierce Faith Movement made through your unique sales link. This activity can be tracked inside your online affiliate portal.
5.2 The price of the product has been set by Us and it is not to be changed under any circumstances.
5.3 All payouts of commissions will be made to you on the 15th of the following month, we can not be held responsible for any additional time/delays caused by 3rd party providers that result in payouts taking longer to appear in your account/on your statement/balance.
5.4 In the event of a refund being made to a client you have referred, your payable commission relating to that client will be voided or deducted from future payouts.
6.1 You are solely responsible for any and all marketing or promotion you wish to engage in, this includes any costs that may arise as well as issues/litigation that may arise from fraudulent or misleading claims.
6.2 You are free to use any and all marketing material produced by Us to aid you in marketing. We only accept responsibility for marketing material made by Us which is being used in the way it was intend and under the terms/time period it was intended.
7. OTHER IMPORTANT TERMS
7.1 This contract is between you and Us. No other person shall have any rights to enforce any of these Terms.
7.2 You acknowledge and agree that:
7.2.1 these Terms constitute the entire agreement (unless a further Contract is signed) and understanding between us and supersede any previous
arrangement, understanding or agreement between us;
7.2.2 in entering into these Terms/Contract you have not relied on anything said by any person (including any third party) relating to the provision of this
7.3 Each paragraph in these Terms operates separately. If any Court or relevant authority decides that they are unlawful, the remaining paragraphs will still remain in full force and effect.
7.4 If We fail to insist that you perform any of your obligations under these Terms, or if We do not enforce Our rights against you, or if We delay in doing so, that will not mean that We have waived Our rights against you and will not mean that you do not have to comply with these Terms. If We do waive a default by you, We will write to you, and that will not automatically mean that We have waived any future default by you.
7.5 These Terms are governed by English law. You and Us both agree that the Courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with the Services which are being provided to you under these Terms.
7.6 During the term of Agreement and thereafter, you agree to take no action which is intended, or would reasonably be expected, to maliciously harm Us or our agents, employees, contractors, or clients (including other Service participants) or its or their reputation or which could reasonably be expected to lead to unjustified or defamatory publicity to us, or our agents, employees, contractors, or clients. In doing so you accept and acknowledge our right to hold you legally liable.
7.7 You acknowledge and agree to guarantee the performance of all of your obligations under this Order/Terms and to indemnify and hold us harmless against any loss incurred by us out of any non-performance or breach of the agreement by the you.
7.8 You acknowledgement and agreement to this Order/Terms indicate full understanding and agreement with the information outlined above and within this Order/Terms and that all information written or submitted in this Order/Terms is true and factual.