Nicole Liloia International
Affiliate Agreement
Please read this Agreement carefully as it covers all of the details of your participation in the Affiliate Program, including how you can use our information, links, images, and content.
If you apply to become an Affiliate, you are acknowledging that you have read, understood, and agreed to these terms.
The Basics
What this Agreement is for:
Nicole Liloia International (The Company) spends substantial time and resources marketing its products and services to appropriate clients online. This includes identifying people who may be interested in business growth strategy and coaching, collecting client information, vetting the clients, and establishing a relationship (these are called Client Relationship Services).
This Agreement is made to so that Affiliates (You and others we admit to the program) can earn a fee for providing Client Relationship Services to Nicole Liloia International to people who become clients of Nicole Liloia International. There is no guarantee you will make sales under this Agreement.
This Agreement is also made to specify how you may discuss Nicole Liloia International’s products and services with potential clients and how the parties’ intellectual property will be treated.
What this Agreement *does not* do:
This Agreement does not make the parties general partners, co-owners, principals or agents, or employers or employees of one another.
This Agreement does not sell or otherwise transfer ownership of either party’s respective business or intellectual property.
This Agreement does require either party to refrain from changing or reducing existing business lines and it does not create obligations to maintain certain business lines or act exclusively with one another. This Agreement does not require us to accept a client and/or to provide (or not provide) a certain service. We maintain control over who may purchase from us.
Products and Services Available for Promotion by Affiliates
Nicole Liloia International maintains a list of programs and services available for You to promote in the Affiliate Portal at www.nicoleliloia.com/affiliate-area, as well as the current fee payable to Affiliates for their services. You will receive affiliate payments for any eligible commission within 90 days of the user viewing your shared link for the first time.
You may not promote the Nicole Liloia International affiliate program itself. You may only promote Nicole Liloia International’s products and services to your audience as specified at the above link.
How to Promote Nicole Liloia International Products and Services
Your promotions should be legal, and fair, and follow our guidelines to protect our intellectual property.
We will provide you with your own unique affiliate tracking link. Your right to use these links is non-transferable and revocable.
You may not create your own links or sales pages; instead, you must directly link to Nicole Liloia International’s site using your affiliate tracking link.
If you wish to create images promoting the products or services, you must first have them approved for use by contacting support@nicoleliloia.com.
You must prominently state that you will receive an affiliate commission for the sale of Nicole Liloia International products and services near the link and in email or social media promotions.
You may not offer your customers discounts, rebates, kickbacks, coupons, or any other monetary amount in exchange for the use of your affiliate link to purchase Nicole Liloia International’s services. However, you may offer a bonus to your customers, such as access to a program of yours for free or a reduced rate if they purchase through your affiliate link.
You may not share your affiliate link with any other person who is not an intended customer (for example, with a friend for the purpose of sharing commissions).
Instead of ten pages of descriptions about how not to game the system, just be aware that any tactic that violates the spirit of a referral relationship (i.e., your good faith promotion of Nicole Liloia International products to people who have expressed an interest in hearing from you, such as your email subscribers) will result in termination of this agreement and forfeiture of any commissions earned using these tactics, as determined by Nicole Liloia International in its sole discretion.
If you wish to use paid advertising to promote Nicole Liloia International’s products or services or use SEO techniques that use Nicole Liloia International’s names or other intellectual property, you must contact Nicole Liloia at support@nicoleliloia.com in advance.
How to Get Paid
To get paid, you must provide us with certain information, your referred sales must meet the criteria below, and we must accept the client.
You must provide certain information to us when requesting payment under the terms of this Agreement. The requirements may change from time to time.
Nicole Liloia International will process valid orders (see “How to Promote…” above) placed through your unique tracking link and will pay you published rates of commission. Orders not placed through your link will not be compensated. There are no exceptions due to the difficulty in proving the referral source.
Your affiliate payment will be payable after the fee is collected from the customer. If they pay in full, you will receive your complete affiliate payment. If they pay in installments, you will receive payment as a percentage of each installment. If they do not complete the payment program, you will not receive the entire commission. There are no circumstances in which you will receive two referral commissions for the same client for the same service.
All aspects of order processing and fulfillment, including Nicole Liloia International’s services, cancellation, processing, refunds, and payment processing will be our responsibility. Occasionally, at our sole discretion, we may have to refund a customer. You will not be compensated for such a sale.
Commissions will be processed approximately 30 days after the end of the month in which they accrue. They will be paid through your PayPal account.
If you have a question about a commission, contact us at support@nicoleliloia.com within thirty (30) days from the day the payment would have been due.
Nicole Liloia International’s Rights
Nicole Liloia International maintains sole rights to its links, sales pages, and offerings, including the rights to:
Determine whether to offer or continue to offer, a product or service;
Set pricing and availability of products and services;
Withhold commissions temporarily for Affiliates who refer clients with an excessive cancellation or chargeback rate;
Market directly to purchasers referred by you;
Market its own products and services in competition with affiliates;
Make changes to our business policies, including this Agreement;
Remove or suspend affiliates for any reason, in our sole discretion;
Withhold commissions due to you to offset past due amounts you owe to us for your own purchases;
Cancel a purchase for someone we cannot provide legal services to, in our sole discretion; and
Terminate this program.
Other Important Legal Terms
You are entering into this Agreement as a business owner, whether or not you have a registered business entity.
You are responsible for the payment of all taxes related to the commissions you receive under this Agreement, whether state or federal.
Disclaimer: We make no express or implied warranties or representations with respect to the Affiliate Program or any Nicole Liloia International Products and Services sold through the Affiliate Program (including, without limitation, WARRANTIES OF FITNESS, MERCHANTABILITY, NON-INFRINGEMENT, OR ANY IMPLIED WARRANTIES ARISING OUT OF COURSE OF PERFORMANCE, DEALING, OR TRADE USAGE). In addition, we make no representation that the operation of our website will be uninterrupted or error free, and we will not be liable for the consequences of any interruptions or errors, including the tracking of information concerning Referred Customers during any period of interruption.
Limitation of Liability: WE WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, OR ANY LOSS OF REVENUE, PROFITS, OR DATA, ARISING IN CONNECTION WITH THIS AGREEMENT OR THE AFFILIATE PROGRAM, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, OUR AGGREGATE LIABILITY ARISING WITH RESPECT TO THIS AGREEMENT AND THE AFFILIATE PROGRAM WILL NOT EXCEED THE TOTAL COMMISSIONS PAID OR PAYABLE TO YOU UNDER THIS AGREEMENT DURING THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH LIABILITY.
Confidentiality: Information concerning the amount of Commission payable, paid, or available to you, shall be confidential, except as may be required to comply with a valid court order and to your accountant and other business personnel who need to know.
Governing Law. The laws of the State of New Jersey will govern this Agreement, without reference to rules governing the choice of laws. Any action relating to this Agreement must be brought in the federal or state courts located in Jersey City, New Jersey and you irrevocably consent to the jurisdiction and venue of such courts. Lawsuits filed elsewhere shall be dismissed immediately.
Assignment. You may not assign this Agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and be enforceable against the parties and their respective successors and assigns.
Waiver. Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such a provision or any other provision of this Agreement.
This file was last modified on August 12, 2024