This Affiliate Agreement (“Agreement”) is made by and between Affiliate (“you” or “your”) and Revvenue, LLC dba Online Wealth Network (“Online Wealth Network” or “we”), and is effective as of the date of acceptance into the O.W.N. Affiliate Program. This Agreement contains the complete terms and conditions which you (the “Affiliate”) agree to be bound by as a participant in Revvenue, LLC dba Online Wealth Network (“Online Wealth Network”) affiliate program (the “Program”).
ARTICLE 1. INTRODUCTION
1.01 Online Wealth Network is the sole and exclusive owner of all rights, title and interest including all intellectual property rights in and to the contents, logos, style, design, look and feel, trade names, trademarks to all literary works, computer software programs, products, goods and services (including and all future versions thereof) currently entitled the “Product”. “Product” refers to the singular as well as the plural.
1.02 Online Wealth Network intends to sell and distribute the Product electronically and or physically using, in part, third party affiliates who will establish links to the Online Wealth Network’s website where the Product will be offered for sale.
1.03 If, in the future, the Online Wealth Network sells and distributes any other goods or services through the Internet, it shall offer to its Affiliates at that time the opportunity to become Vendor-Affiliates of such goods or services. Such goods or services shall be included in the defined term “Product” and this Agreement shall then also apply to such goods or services.
ARTICLE 2. PARTICIPATION & REPRESENTATION
2.01 Online Wealth Network hereby grants to the Affiliate the non-exclusive and revocable right to market and advertise the Product and to establish links to the Online Wealth Network’s website, in accordance with this Agreement.
2.02 The Affiliate shall diligently and continuously market and advertise the Product through the Internet and shall develop, operate and maintain links from its site to the Online Wealth Network’s site at its sole cost and expense.
2.03 The Affiliate represents and warrants to Online Wealth Network that this Agreement has been duly and validly executed and constitutes and shall continue to constitute a legal obligation, enforceable in accordance with its terms.
ARTICLE 3. AFFILIATE SALES COMMISSIONS
3.01 Lifetime commissions: Our affiliate program works on a lifetime commission basis. Meaning, If a customer makes a purchase from you for the first time and then buys another product, you will receive credit for the sale. If a customer uses multiple email addresses to buy from different affiliates, the credit for repeat sales of our higher-ticket coaching programs will go to the affiliate who made the initial sale.
3.02 If, as a result of a direct advertising effort of the Affiliate, a referred customer of the Affiliate or of a member of the Affiliate’s team (as defined) orders and pays for the Product or other goods or services sold by Online Wealth Network in the future, Online Wealth Network shall pay the Affiliate a sales commission determined in accordance with the Affiliate Compensation Schedule which follows this Agreement and which forms an integral part of it. The commission is based upon the paid selling price of the purchased goods or services before tax and excluding returns (“Sales Commission”).
3.03 AN AFFILIATE SHALL NOT RECEIVE A SALES COMMISSION FOR A PRODUCT PURCHASE MADE, DIRECTLY OR INDIRECTLY, BY HIMSELF/HERSELF. Online Wealth Network, in its sole and complete discretion may create multiple level compensation plans. In the case of a multiple level compensation plan, an Affiliate’s Team means all Affiliates introduced to the Program by the Affiliate in question. In the event that more than one Affiliate claims the same commission for a sale, Online Wealth Network shall select the Affiliate which shall receive the compensation.
3.04 The Affiliate shall be responsible for all taxes and other similar levies applicable to the Sales Commission pursuant to any law or regulation. The Affiliate shall report the Sales Commission to its taxation authorities as required by law.
3.05 Online Wealth Network shall post and maintain, on a current basis, a designated password-protected Web page for each Affiliate showing the Affiliate’s participation in the Program including the number of potential customers referred by it and an estimate of the Sales Commission owing to it. Online Wealth Network shall, on or about the 15th of each month, mail or otherwise transmit the Sales Commission representing the amount payable for the sales completed in the previous month. Sales statistics of the referred transactions, supporting the amount paid, shall be made available on the Affiliate’s private site. Affiliates will receive the Sales Commission in US Dollar. For administrative convenience, if the Sales Commission is less than $100.00 dollars in a month, it shall be held until the balance is $100.00 or more. If an Affiliate maintains a balance of less than $1,000,000.00 dollars of Sales Commission in a period of 12 consecutive months without asking for payment during that time, the Sales Commission shall be forfeited. Furthermore, any affiliate who has not successfully completed and submitted a Form W-9 or a Form W-9 substitute if located within the United States, or a Form W-8 BEN if international, commissions will be withheld. Once this information is received the affiliate will be paid on the next commission cycle for any owed commissions. Sales Commission overpayments may be deducted from future payments or shall be reimbursed by the Affiliate.
3.06 Upon written request and at the Affiliate’s expense, the Affiliate may cause the Online Wealth Network’s books and records to be examined by an independent firm of accountants to ensure compliance with this Agreement. In the event that the examination reveals an underpayment error of more than 5%, the underpayment and the reasonable cost of the examination to a maximum of $1,000.00 dollars shall be paid by Online Wealth Network. If the examination does not reveal an underpayment as aforesaid, the Affiliate shall compensate Online Wealth Network for its reasonable cost to a maximum of $1,000.00 dollars. The firm of accountants utilized shall limit the scope of their examination to the relevant information regarding the Sales Commission and shall keep private and confidential all information obtained in the course of the said examination.
ARTICLE 4. AFFILIATE SITES AND PROMOTION METHODS
4.01 The Affiliate shall be solely responsible for all materials that appear on its site. It shall strictly adhere to all applicable laws and regulations in conducting its business and more specifically in marketing and advertising the Product. Without restricting the generality of the foregoing, the Affiliate shall not send unsolicited e-mail and shall not send e-mail or any other communication to a recipient if the recipient has requested that it discontinue such communication, nor shall it send or display on its website any material that may be considered to be harassing, libelous, defamatory, legally obscene or pornographic, threatening, abusive or hateful.
4.02 Online Wealth Network shall have the right, but not the obligation, to pre-approve the graphics and logos used on any website which is linked to its site. Furthermore, the Affiliate shall annotate its site with appropriate copyright, trademark and other similar notices, which shall be approved by Online Wealth Network. If the Affiliate lists a price point for the Product in its marketing and advertising, it shall ensure that it is updated regularly to reflect all price changes.
4.03 Online Wealth Network shall have the right to monitor the Affiliate’s website at any time to determine if it is in compliance with the terms and conditions on this Agreement.
4.04 The Affiliate agrees not to use any predatory advertising methods designed to generate traffic from sites that they have not contracted with in the online promotion of Online Wealth Network’s products, services or affiliate program. Predatory advertising is defined as any method that creates or overlays links or banners on websites, spawns browser windows, or any method invented to generate traffic from a website without that website owner’s knowledge, permission, and participation. Examples include, but are not limited to, keyword parsing, browser plug-ins such as TopText and Surf+, banner replacement technology such as Gator, browser spawning technology that is not web site dependent. Participation in predatory advertising programs will be cause for the affiliate’s immediate termination.
ARTICLE 5. ORDER PROCESSING
5.01 Online Wealth Network shall establish the procedures of selling the Product including, without limitation, the placement of orders, pricing, payment terms, processing, delivery, returns etc. Without restricting the generality of the foregoing, Online Wealth Network shall have the right to cancel, suspend or delay any order for the Product, including the right to discontinue selling the Product at any time.
ARTICLE 6. LICENSES AND GOODWILL PRESERVATION
6.01 Online Wealth Network shall have the right, but not the obligation, to approve, in its sole and absolute discretion and with due regard to the protection and preservation of the goodwill of the Product any promotional, advertising or marketing item used by the Affiliate. The Affiliate shall make all deletions and modifications suggested by Online Wealth Network on any site where the Product is mentioned.
6.02 The Affiliate shall acknowledge and clearly identify and respect that all proprietary information, trademarks, copyrights and all other similar rights in and arising out of the Product are, and shall continue to be, the exclusive property of Online Wealth Network. In the event the Affiliate learns of any claim or allegation that the Product infringes upon or violates any intellectual property or proprietary rights of a third party, or contains any unlawful, libelous, or untrue statement, it shall immediately notify Online Wealth Network so as to enable Online Wealth Network to defend, settle or otherwise resolve the claim or allegation in a manner that Online Wealth Network deems appropriate in its sole discretion.
6.03 Customers who purchase the Product through the Program shall be deemed to be customers of Online Wealth Network, and the Affiliate shall refer all Product-related questions, requests or queries to Online Wealth Network. Online Wealth Network shall have the right to utilize the Affiliate’s name and logo to advertise, market, promote and publicize in any manner the Product.
6.04 The Affiliate shall not make or give to a customer or a potential customer any warranty, representation or other statement concerning the Product without first obtaining the written consent of Online Wealth Network.
ARTICLE 7. RELATIONSHIP OF PARTIES
7.01 While the parties shall work hand-in-hand for the benefit of both, the parties acknowledge and agree that the Affiliate shall, from a legal perspective, act as and shall be an independent contractor and not an employee or agent of Online Wealth Network. Nothing in this Agreement shall create a partnership, joint venture, agency, or franchise between the parties in the legal sense of these terms. The Affiliate shall not sign any document in the name of or on behalf of Online Wealth Network nor shall it hold itself out as being an agent of Online Wealth Network or as having apparent authority to contract for or bind Online Wealth Network.
ARTICLE 8. LIMITATION OF LIABILITY
8.01 In no event shall Online Wealth Network be liable for special, incidental, consequential or punitive damages, including, without limitation, any damages resulting from loss of profits, loss of business or loss of goodwill arising out of or in connection with this Agreement or the Product, whether or not such party has been advised of the possibility of such damages. Online Wealth Network shall not be liable for any damages if, for any reason whatsoever, its website fails or is non-operational for any reason whatsoever.
ARTICLE 9. TERM OF THE AGREEMENT
9.01 In the event that the Affiliate breaches any of the undertakings or obligations set forth in this Agreement and does not remedy the same within 7 days notice from Online Wealth Network, it shall automatically forfeit the Sales Commission then receivable or receivable at any time in the future. Online Wealth Network shall, in addition, have the right to terminate this Agreement and shall retain all other rights and remedies available to it at law or in equity.
9.02 This Agreement shall automatically terminate if the Affiliate ceases to actively market the Product for a period of 90 days. Online Wealth Network shall have the right but not the obligation to terminate this Agreement with an Affiliate whose Sales Commission in a calendar year was in the bottom 20 percent of Sales Commission of all Affiliates in the calendar year in question, by giving the Affiliate 90 days notice of termination. In such cases the Sales Commission owing, representing the sums earned, shall be paid even after termination of this Agreement. The Affiliate shall have the right to terminate this Agreement at any time upon written notice to Online Wealth Network.
9.03 As soon as notice of termination of this Agreement is given or upon termination as herein provided, the Affiliate shall immediately cease its marketing and advertising of the Product and shall forthwith eliminate all mention and references to the Product and all links to Online Wealth Network. Pending the completion of the foregoing, Online Wealth Network may hold in abeyance the Sales Commission.
ARTICLE 10. MODIFICATION AND APPLICATION OF AGREEMENT
10.01 Online Wealth Network may, in good faith, modify any of the terms and conditions contained in this Agreement (including the Affiliate Compensation Schedule), at any time and in its sole discretion, by posting a change notice or a new agreement on its website. If any modification to this Agreement is not acceptable to the Affiliate, it's only recourse is to terminate this Agreement. The Affiliates continued participation in the Program following the said posting of a change notice or new agreement shall constitute binding acceptance by the Affiliate of the change.
10.02 If any of the provisions of this Agreement are determined by a court to be unenforceable, they shall be severed from this Agreement, and the remaining provisions shall remain in full force and effect.
10.03 The Affiliate shall not assign, transfer or convey this Agreement or any part thereof to any other party without Online Wealth Network’s consent which shall not be unreasonably refused.
10.04 This Agreement shall endure to the benefit of and be binding upon the parties hereto and their respective heirs, legatees, executors, legal representatives, successors and assigns.
10.05 This Agreement represents the entire agreement between the parties and supersedes all prior negotiations, agreements and understandings, if any. For greater certainty but without restricting the aforementioned, information contained in any of the following shall not form part of this Agreement, namely:
Descriptions of the Program (including the descriptions of Sales Commission payable to the Affiliates) on Online Wealth Network’s website(s);
E-mail communications from Online Wealth Network or from any of its employees, officers or directors;
Information in the Product, or in marketing/informational documents.
ARTICLE 11. INDEPENDENT INVESTIGATION
11.01 The Affiliate acknowledges that it has reviewed this Agreement and agrees to all its terms and conditions. The Affiliate understands that Online Wealth Network may at any time solicit customer referrals on terms that may differ from those contained in this Agreement or operate websites that are similar to or compete with the Affiliate’s website. The Affiliate has independently evaluated the desirability of participating in the Program and is not relying on any representation, guarantee or statement other than as set forth in this Agreement.
ARTICLE 12. MISCELLANEOUS PROVISIONS
12.01 Any reference in this Agreement to gender includes all genders and words importing the singular number only shall include the plural and vice versa.
12.02 The insertion of headings and the division of this Agreement into Articles and Sections are for convenience reference only and are not to affect its interpretation.
12.03 Each of the parties hereto covenants and agrees that it shall execute and deliver such additional agreements and documents and do such acts and things as may be reasonably necessary fully and effectually to carry out the intent and purpose of this Agreement.
12.04 Time shall be of essence of this Agreement.
12.05 All notices, requests and other communications shall be deemed to have been received when posted by Online Wealth Network on its website. It shall also be deemed to have been received on the next business day if transmitted by Telecopier, e-mail or any other form of electronic mail to the last known electronic address of the intended recipient.
12.06 If a dispute arises under this agreement, we agree to first try to resolve it with the help of a mutually agreed-upon mediator in the following location: San Juan, Puerto Rico. Any costs and fees other than attorney fees associated with the mediation will be shared equally by each of us.
If it proves impossible to arrive at a mutually satisfactory solution through mediation, we agree to submit the dispute to binding arbitration at the following location: San Juan, Puerto Rico, 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.
The parties have required that this Agreement and related documents be drafted in English.
ARTICLE 13. AFFILIATION AND COMPENSATION DISCLOSURES
As of December 1st, 2009, The Federal Trade Commission of the United States of America has set forth new Guidelines for Endorsements and Testimonials, demanding that all Endorsers and Testimonial Givers divulge the nature of their compensation and affiliation with the product company or manager.
Therefore as part of this affiliate agreement, you agree to ‘Clearly and Conspicuously’ divulge how you are monetarily compensated through your referral sales, and that you receive(d) any other compensation from Online Wealth Network, monetary or otherwise, as the case may be, whenever you put forth any endorsement or testimonial in any media with the purpose of endorsing our products or services with the intent to sell them to consumers.
You further agree to use only the promotional materials that have been sanctioned by Online Wealth Network and to take full responsibility for your own actions should you be investigated for not adhering to the Federal Trade Commission of the United States of America has set forth new Guidelines for Endorsements and Testimonials, and shall not hold Online Wealth Network responsible in any way for actions or use of promotional materials not sanctioned by Online Wealth Network.
You further agree that you have read and understand the new Guidelines for Endorsements and Testimonials 16 CFR Part 255 (which can be found at http://www.ftc.gov/os/2009/10/091005endorsementguidesfnnotice.pdf) that the Federal Trade Commission of the United States of America has set forth and which go into effect on December 1st, 2009. And you also hereby agree to uphold ALL of the provisions contained in that document while endorsing or promoting products or services for Online Wealth Network.
Failure to do so may (at the sole discretion of Online Wealth Network) result in immediate termination of your affiliate account, and forfeiture of any commissions accrued.
ARTICLE 14. AFFILIATE COMPENSATION PLAN AND SCHEDULE
Online Wealth Network runs a powerful single tier affiliate program (you can earn commissions when someone buys one of our products through our affiliate link). Promotions are optional, but many of our customers choose to take part, as they find the value received from their membership or product far exceeds expectations, and are excited to share.
All commissions are paid monthly, on the 30th of the month for the previous months owed commissions. Commissions are paid for earned commissions for the month prior to the payout date less refunds, chargebacks, or commissions used to upgrade or buy additional products/services.
Declines, refunds and chargebacks will not count toward any owed commissions. Additionally, we’ve implemented a policy internally that prevents customers from being re-billed their monthly membership if they are an inactive member.
An inactive member is defined as a member who has not log into the Client Portal in the last 6 months. This is to increase engagement among members, as well as protect the company from fraudulent chargebacks.
Furthermore, we reserve the right to cancel anyones membership, for any reason (including but not limited to, inactivity and non engagement) without notice.
Payouts are generally made on the 30th of every month. However, due to weekends, holidays, and occasional traveling, payouts may be delayed. You can expect payouts within the next 5 days of the regular payout date.
Below is the affiliate commissions structure. Affiliate percentages are based on the below, and if they change you will be notified.
Basic Affiliate commissions are for all affiliates that sign up for our free affiliate program, and includes the following commission percentages on each of the following products sold (after the 30 day refund policy has expired).
Basic Affiliate:
Digital Freedom Accelerator - 20%
Empire Mastermind - 10%
Revvenue AI - 30%
OWN Inner Circle - 30%
Platinum Affiliate:
Digital Freedom Accelerator - 25%
Empire Mastermind - 15%
Revvenue AI - 40%
OWN Inner Circle - 40%
Diamond Affiliate:
Digital Freedom Accelerator - 30%
Empire Mastermind - 20%
Revvenue AI - 50%
OWN Inner Circle - 50%
ARTICLE 15. PRODUCTS
Digital Freedom Accelerator
The Digital Freedom Accelerator is a one time purchase to get coaching and done-for-you services to support launching and scaling a digital marketing business. The coaching includes, Mindset, Psychology, Digital Marketing, Email Marketing, List Building, Selling, Automation, Follow-up, One on One coaching with a dedicated business coach, and weekly on-going coaching every week as part of their product purchase.
Empire Mastermind
The Empire Mastermind is a yearly membership that gives customers a community with training, coaching, and 1-on-1 support for wealth building strategies, accounting strategy, tax strategy, systems, process, and operations for building and scaling a digital marketing business.
Revvenue AI
Revvenue AI is in all in one digital marketing software including but not limited to CRM, Website Builder, Funnel Builder, Email, and SMS all in one marketing platform. This Software is a recurring monthly subscription that gives customers everything they need to start and run a digital marketing business.
OWN Inner Circle
The OWN Inner Circle provides weekly live coaching, monthly “what’s working now” live updates, expert live training, the live training vault, and the ability to ask unlimited support questions to our team inside the OWN Inner Circle community. This is a recurring monthly subscription that gives customers the ongoing support and coaching they need to grow and scale their digital marketing business.
ARTICLE 16. REJECTION CRITERIA
We will reject anyone who uses marketing techniques that…
Exploit sex to sell
Promote violence
Are hateful in any way
Are harassing or use spam in any way, shape, or form
Are libelous or defamatory
Are threatening or abusive
Are illegal or on the borderline
Violate the copyrights or trademarks of others
Are in such poor taste that we do not want the association
Delivered Simply And With Integrity.