The “Success” Transformation Studio Affiliate Agreement
Effective Date: 1st March, 2021
THE AGREEMENT: This Affiliate Agreement (hereinafter called the “Agreement”) is provided by The “Success” Transformation Studio, primary address being www.TheSuccessTransformationStudio.com.
The Agreement is a legal document between you and The “Success” Transformation Studio that describes the affiliate relationship we are entering into.
This Agreement covers your responsibilities as an affiliate and our responsibilities to you.
Please ensure you read and fully understand this document (seeking legal advice if you wish) as each part of this agreement is important and impacts our affiliate relationship together.
1. DEFINITIONS: The parties referred to in this Agreement shall be defined as follows:
a) The “Success” Transformation Studio will be referred to as: Us, we, our, ours and other first-person pronouns as well as all contractors, consultants, team or legal agents of The “Success” Transformation Studio<
b) The Affiliate, You will be referred to as: the “Affiliate.” You’ll also be referred to throughout this Agreement with second-person pronouns such as You, Your, or Yours.
c) Parties: Collectively, the parties to this Agreement (The “Success” Transformation Studio and You) will be referred to as “Parties” or individually as “Party”
d) Affiliate Program: The program we’ve set up for our affiliates as described in this Agreement, also publicly referred to as The “Success” Transformation Studio Affiliate Program, Our “Thank You Money” Program, or abbreviated as TSTS TYMP, or simply TYMP.
e) Affiliate Application: The page, conditions and check boxes which you must read through and check are to be considered as part of the Affiliate program.
f) Website: The primary website we’ve noted above will be referred to as Website.
g) Referral Customer: The Person who is referred by the Affiliate and who has purchased a product or service from the Company but who may or may not have attended their appointment.
2. ACCEPTANCE: You agree to the terms outlined in this Agreement by submitting your application to our Affiliate program. Submission of an application is considered as agreement with this Agreement. If you do not agree to be bound by this Agreement, please leave this page and do not submit your application to be an Affiliate.
3. AFFILIATE SIGN UP: To sign up for our Affiliate program, you will first need to apply to be one. You will be prompted to apply for one when you first access the affiliate page on the website.
You are not automatically registered as an Affiliate because there are certain criteria you must fulfill prior. You have to have personally experienced at least ONE paid or unpaid qualifying service of The “Success” Transformation Studio. The list of qualifying services are as follows:
a) “Solutions” Consult
b) Personal Empowerment with Psych-K®
c) AromaTouch™ Experience
d) Natural Energy Balance
e) Vibrational Alignment
f) Boss Babes on Bikes Consultation
“2 in 1 Combos”
g) “Empowered Success” Consultation
h) “Sovereign Self” Consultation
i) “VIP Sovereign Self” Consultation
Your application will be received and reviewed within 5 business days.
Prior to approval you must provide at least one written and/or video testimonial via this “Thank You Money” Program Application, or previously by our “Have Your Say Too” Testimonial Portal before your Application can be considered.
The “Success” Transformation Studio has the right to reject without reason any applications for the Affiliate Program.
If an application is rejected, you will be notified in a reasonable manner.
The “Success” Transformation Studio also has the right to remove Affiliate status if deemed necessary, with no notice period, due to inappropriate use, not upholding the Agreement mentioned within this document and/or otherwise.
There are no separate joining fees, no obligation around minimum requirements for referrals, and no end of date to your application unless you specifically request in writing to Connect@TheSuccessTransformationStudio.com to terminate your Agreement. You will however be contacted at least annually by the Company to confirm your willingness to continue participating in the “Thank You Money” Program.
4. NON-EXCLUSIVITY: This Agreement does not create an exclusive relationship between you and us. You are free to work with similar affiliate program providers in any category. This agreement imposes no restrictions on us as to who or what company we partner/work with as well.
5. AFFILIATE PROGRAM: Please be advised the below is a general description of the Affiliate Program. Everything contained in this subsection is subject to the specific terms and conditions throughout the rest of this Agreement.
5.1 PERSONAL DETAILS: After your acceptance in the Affiliate Program, you must ensure your personal and payout details are correct and kept up to date. This is to be done via email to Connect@TheSuccessTransformationStudio.com or managed within the affiliate management software where applicable. The Company will not be held responsible for payouts that are allocated incorrectly.
5.2 CODES & LINKS: We will provide you with a specific Affiliate Code and/or links, personalized to you as an Affiliate, for your use when referring potential Customers, also referred to as leads.
The Code and/or links will be registered in our Purchase Software ready for when you send Referrals to the Company’s website or websites. You hereby agree to fully cooperate with us regarding the use of your Code and/or links and that you will explicitly comply with all of the terms of this Agreement for the promotion of the Company’s products and services at all times. We may modify your specific code and will notify you if we do so. You agree to only use the Code which is prior approved by us. You also agree not to use cookie “stuffing”, or other techniques which may incorporate a tracking code without specific knowledge of the online user.
5.3 REFERRAL ALLOCATION: Referral Customers will be assigned via a ‘last touch’ approach. This means that whoever the last affiliate is before the new buyer’s transaction, is the affiliate the commission will be allocated to. This allocation stands for all future qualifying services the Referral Customer may purchase from The “Success” Transformation Studio.
At The “Success” Transformation Studio we are also enforcing the culture that our affiliates will discuss with their leads who was the last person they spoke to about our Company and to encourage the person to use their Code and/or Links if there was a prior relationship/conversation. However The “Success” Transformation Studio does not take responsibility for this, nor is this managed by The “Success” Transformation Studio. Any concerns regarding affiliate commissions please contact Connect@TheSuccessTransformationStudio.com
5.4 ACCOUNT MANAGEMENT: Affiliates will receive access to their own customised Affiliate Google Drive Sheet or affiliate management software, the access link of which will be emailed to the email address supplied in your Affiliate Application upon approval. The Affiliate Google Drive Sheet or affiliate management software will contain certain partially masked and/or non-identifying personal details, as well as details pertaining to your Referred Customers for the purposes of appointment dates and service types, as well as Clearance Dates and Payout information.
5.5 COMMISSIONS: You will be eligible to receive the amount of 20% commission on purchases made by you or your Referred Customers on any applicable products or services from The “Success” Transformation Studio via your Code and/or links (as outlined above in line with the ‘last touch’ policy).
5.6 PAYOUT QUALIFICATION: Payouts are only eligible to be made to Affiliates:
a) After the Referred Customer has paid for and attended their appointment with the Company either in person or via a Video Conference Meeting. Referred Customers or the Company are at liberty to reschedule said appointment with no less than 24hrs notice, at their discretion, and without notification to the affiliate.
In the event that the Lead becomes involved with the Case Study Program or is placed on one of our Payment Plans, Payouts to the Affiliate will occur ONLY as the Company has received payment from the Referral Customer.
In the event that the Affiliate refers a Lead who participates in the “Boss Babes on Bikes” Rave Review Feedback Program, due to the discount and refund nature of this special offer, a standard Payout fee of $20AUD only will be allocated to the Affiliate. This does not impact Affiliate payouts on future services by this Referral Customer.
b) After a 7-Day Satisfaction Clearance Date, beyond the attendance of the appointment has been met, where the Referred Customer has received full satisfaction with their service from the Company with no reprisal, refund or discount. This will now be referred to as simply the Clearance Date.
c) The Affiliate will be notified by the Company via email once the Clearance Date has been reached whereupon the Affiliate is required to supply our Company an official Invoice for that Referred Customers appointment date, details of which are in the Unique Appointment Identifier in the Affiliate Google Drive Sheet or affiliate management software.
d) The Company will pay said invoice within 14 days.
5.7 PERMISSION TO USE YOUR TESTIMONY: You agree to our Company using the information in your Affiliate Application in our marketing, in whole or in part, including written, verbal and video components, excluding personal details such as addresses, phone numbers, and email. You agree that we may reference your full name and the Country you list in your Application. You knowingly understand this and give your expressed permission by checking the Terms & Conditions box on your Affiliate Application. Choosing to revoke this permission is to terminate this Affiliate Agreement effectively immediately.
6. SPECIFIC TERMS APPLICABLE: We will determine whether payout is permissible in our sole and exclusive discretion. We reserve the right to reject sales that do not comply with the terms of this Agreement. Processing and fulfilment of orders will be our responsibility. We will also provide data regarding your account in the Affiliate Google Drive Sheet.
6.1 QUALIFIED PURCHASES:
a) Must not be referred by any other partner or affiliate Code and/or links of the Company (in other words, Qualified Purchases are only made using your specific Affiliate links and/or Code at the checkout;
b) May not be purchased by an already-existing partner or Affiliate of the Company;
c) May not be purchased prior to the Affiliate joining the Affiliate Program;
d) May only be purchased using your specific Affiliate Code and/or links;
e) May not be purchased by a customer in violation of any of our legal terms or Acceptable Use Policy;
f) May not be fraudulent in any way, in the Company’s sole and exclusive discretion;
g) May not have been induced by the Affiliate offering the customer any coupons, discounts or bonuses of any kind;
6.2 PAYOUT INFORMATION: Payouts will only be available when the Company has your Australian Bank Account or PayPal details as per the instructions in your Affiliate Application.
Payouts are subject to the conditions in Clause 5.6
We explicitly reserve the right to change payout information at our sole and exclusive discretion. If we do so, you will be notified. For any disputes as to payout, the Company must be notified within 14 days of your receipt of the payout. We will review each dispute notification as well as the underlying payout transaction to which it is related. Disputes filed after 14 days of payout will not be addressed.
6.3 REPORTS: You may access your account with The “Success” Transformation Studio at any point by accessing your Google Drive Sheet, which will include details related to your affiliation, Referral Customer status and associated commissions. Please be advised however, that qualifying purchases and appointments may not be recorded in real-time, may have any degree of inaccuracy, and are subject to change prior to payout.
7. TERM, TERMINATION & SUSPENSION: This Agreement will commence when you are approved into the Affiliate Program. This can be terminated by either Party at any time with or without cause, by issuing notice in writing. You will only receive Affiliate Commissions while you are an active Affiliate (meaning you have been approved and the Agreement is still in place). If either party terminates the Agreement, you will receive payouts earned prior to the date of termination. The “Success” Transformation Studio maintains the right to terminate this Agreement with no notice if you violate any of the terms outlined within this Agreement. You will forfeit your right to any unclaimed payouts if any of the terms outlined within this Agreement or on our website are violated.
8. INTELLECTUAL PROPERTY: You agree that the intellectual property owned by The “Success” Transformation Studio includes all copyrights, trademarks, trade secrets, patents, and other intellectual property belonging to the Company (“Company IP”). You are hereby granted a non-exclusive, non-transferable, revocable license to access the Affiliate Section of our website used in conjunction with the Affiliate Program and can only use The Company IP exclusively in conjunction with identifying our company and brand, The “Success” Transformation Studio. You agree to not alter, change or modify the Company IP in any way. If we find that you are using the Company IP in a manner not compliant with this Agreement, we reserve the right to terminate the Agreement with no notice as stated above.
You are not permitted to use any of The “Success” Transformation Studio IP or any similar version without our prior written permission (this is including anything that is likely to cause consumer confusion, i.e using the Company IP in any domain or website name, keywords or advertising etc).
You agree to not use ‘The “Success” Transformation Studio’ in any names of your social media pages/account names/groups/events or any other advertising platform. You agree to not use ‘The “Success” Transformation Studio’ in any paid advertising.
Please be advised that any unauthorised use of The “Success” Transformation Studio IP shall constitute unlawful infringement and we reserve all our rights, including the right to pursue an infringement suit against you. You may be obligated to pay monetary damages or legal fees and costs. You hereby provide us a non-exclusive license to use your name, trademarks and service marks if applicable, as well as other business IP to advertise our Affiliate Program.
9. MODIFICATION & VARIATION: The “Success” Transformation Studio reserves the right to, at any time, modify this Agreement. You agree that The “Success” Transformation Studio has the right to modify and revise anything contained within this Agreement. Furthermore you agree that all modifications to this Agreement are in full force and effect immediately after posting the revised Agreement on our website and that any variations or modifications will replace any prior versions, unless prior versions are specifically referred to in the latest modified version of the Agreement.
If The “Success” Transformation Studio updates or replaces the terms of this Agreement, we will notify you via electronic means, which may include an email. If you don’t agree with the revised Agreement, you can choose to terminate this Agreement in writing.
You further agree that:
a) To the extent any part or sub-part of this Agreement is deemed ineffective or invalid by any court of law, you agree that the prior, effective version of this Agreement shall be considered enforceable and valid to the fullest extent.
b) You agree to routinely monitor this Agreement, referring to the Effective Date posted at the top of this Agreement to note any modifications or variations. This includes clearing your cache when doing so to avoid accessing prior versions of this Agreement.
10. RELATIONSHIP OF THE PARTIES: This Agreement, and the terms within, are not to be construed as forming any partnership, joint venture, agency, franchise or employment relationship. You are independent of The “Success” Transformation Studio and will remain so at all times.
11. ACCEPTABLE USE: You agree not to use the Affiliate Program or The “Success” Transformation Studio for any unlawful purpose or any purpose prohibited under this clause. You agree to uphold The “Success” Transformation Studio and not use the Affiliate Program in any way that could damage us, the website, products, services or the general business of The “Success” Transformation Studio.
Furthermore, you agree to not use the Affiliate Program to:
a) Harass, abuse, or threaten others or otherwise violate any person’s legal rights
b) Violate any intellectual property rights of The “Success” Transformation Studio or any third parties
c) Upload or otherwise spread any computer viruses or any other software that may damage the property of another
d) Perpetrate any fraud or be deemed involved in any Fraud
e) Engage in or create unlawful gambling, sweepstakes or pyramid schemes
f) Distribute or publish any obscene or defamatory violence, hate, harassment or abuse
g) Publish or distribute any material that incites violence, hate or discrimination towards any group
h) Unlawfully gather information about others
i) Cross promote or direct message members to promote your external businesses
12. AFFILIATE OBLIGATIONS & COMPLIANCE: You are responsible for ensuring operation and maintenance of your Affiliate Site, including technical operations, written claims, links, and accuracy of materials.
a) You must ensure, as noted above, that your Affiliate Site does not infringe upon our the intellectual property rights or that of any third party, or otherwise violate any legal rights. We may monitor your Affiliate Site, as well as our website purchases coming through via your Code. If we determine you are not in compliance with any of the terms of this Agreement, we have the right to immediately terminate your participation in the Affiliate Program.
b) You agree to not use The “Success” Transformation Studio to cross promote or direct message people into another direct selling or multi level marketing business.
c) We require that you either use URL shortening or domain forwarding with your affiliate links or code in your marketing. No ‘The “Success” Transformation Studio’ affiliate links are to be publicly posted/ used in marketing without being shortener (i.e via using something like bit.ly etc) or domain forwarding from your affiliate link a domain you own. This is to ensure we protect the entire The “Success” Transformation Studio brand and all domain names associated with it.
d) We also require that you implement adequate organizational and technical measures to ensure an appropriate level of security for the data that you process. Further, you hereby agree to comply with any requests which we may make to you regarding compliance with the General Data Protection Regulation or requests which you may receive from data subjects. If we find you are not in compliance with any of the requirements of this sub-part, we may terminate our relationship with you at our sole and exclusive discretion.
13. REVERSE ENGINEERING & SECURITY: You agree not to undertake any of the following actions:
a) Reverse engineer, or attempt to reverse engineer or disassemble any code or software from or on any of our websites or services;
b) Violate the security of any of our websites or services through any unauthorized access, circumvention of encryption or other security tools, data mining or interference to any host, user or network.
14. DATA LOSS: You agree that your participation in the Affiliate Program is at your own risk. The “Success” Transformation Studio does not accept responsibility for the security of your account or content.
15. INDEMNIFICATION: You agree to defend and indemnify The “Success” Transformation Studio and any of its agents (if applicable) and hold us harmless against any and all legal claims and demands, including reasonable attorney’s fees, which may arise from or relate to your use or misuse of the Affiliate Program, your breach of this Agreement, or your conduct or actions. You agree that the Company shall be able to select its own legal counsel and may participate in its own defence, if the Company wishes.
16. SPAM POLICY: You are strictly prohibited from using the Affiliate Program for illegal spam activities, including gathering email addresses and personal information from others or sending any mass commercial emails.
17. ENTIRE AGREEMENT: This Agreement constitutes the entire understanding between the Parties with respect to the Affiliate Program. This Agreement supersedes and replaces all prior or contemporaneous agreements or understandings, written or oral.
18. SERVICE INTERRUPTIONS: The Company may need to interrupt your access to the Affiliate Program to perform maintenance or emergency services on a scheduled or unscheduled basis. You agree that your access may be affected by unanticipated or unscheduled downtime, for any reason, but that the Company shall have no liability for any damage or loss caused as a result of such downtime.
19. NO WARRANTIES: Use of the Affiliate Program is at your sole and exclusive risk. Any services provided by us are on an ‘as is’ basis. The “Success” Transformation Studio hereby disclaims any and all expressed or implied warranties of any kind. The Company makes no warranties that the Affiliate Program will meet your needs, or that it will be uninterrupted, error free or secure. We also make no warranties to the reliability or accuracy of any information. You agree to this. You also agree that any damage that may occur to your computer system or as a result of any lost data is not liable by the Company. The use of the Affiliate Program is your sole responsibility and the Company is not liable for any such damage or loss.
20. LIMITATION ON LIABILITY: The “Success” Transformation Studio is not liable for any damages that may occur to you as a result of your participation in the Affiliate Program, to the fullest extent permitted by law. The maximum liability of the Company arising from or relating to this Agreement is limited ninety seven ($97) Australian Dollars. This section applies to any and all claims by you, including, but not limited to, lost profits or revenues, consequential or punitive damages, negligence, strict liability, fraud, or torts of any kind.
21. GENERAL PROVISIONS:
a) LANGUAGE: All communications made or notices given pursuant to this Agreement shall be in the English language.
b) ASSIGNMENT: This Agreement, or the rights granted hereunder, may not be assigned, sold, leased or otherwise transferred in whole or part by you. Should this Agreement, or the rights granted hereunder, by assigned, sold, leased or otherwise transferred by the Company, the rights and liabilities of the Company will bind to any assignees, administrators, successors, and executors.
c) SEVERABILITY: If any part or sub-part of this Agreement is held invalid or unenforceable by a court of law or competent arbitrator, the remaining parts and sub-parts will be enforced to the maximum extent possible. In such condition, the remainder of this Agreement shall continue in full force.
d) NO WAIVER: In the event that we fail to enforce any provision of this Agreement, this shall not constitute a waiver of any future enforcement of that provision or of any other provision. Waiver of any part or sub-part of this Agreement will not constitute a waiver of any other part or sub-part.
e) HEADINGS FOR CONVENIENCE ONLY: Headings of parts and sub-parts under this Agreement are for convenience and organisation only. Headings shall not affect the meaning of any provisions of this Agreement.
f) FORCE MAJEURE: The Company is not liable for any failure to perform due to causes beyond its reasonable control including, but not limited to, acts of God, acts of civil authorities, acts of military authorities, riots, embargoes, acts of nature and natural disasters, and other acts which may be due to unforeseen circumstances.
g) ELECTRONIC COMMUNICATIONS PERMITTED: Electronic communications are permitted to both Parties under this Agreement, including e-mail. For any questions or concerns, please email us at the following address Connect@TheSuccessTransformationStudio.com