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Affiliate Terms

Affiliate Agreement and Terms of Service for HodgesNet

1. Introduction

This Agreement outlines the terms and conditions under which individuals (“Affiliates”) may participate in the HodgesNet Affiliate Program. By participating in this program, Affiliates agree to use their best efforts to promote and sell HodgesNet's online courses, private community memberships, done-for-you marketing services, and event tickets, adhering to the terms set forth herein.

2. Commission Structure

  • Commission Details: All commission rates for different products and services are detailed within the affiliate dashboard. Commissions may vary based on the type and nature of the product or service sold, and whether the commission is a single purchase or recurring.
  • Clearance Period: All commissions are subject to a minimum 30-day clearance period to account for refunds or chargebacks.
  • Payment Schedule: Cleared commissions will be paid on the 14th of the month following the clearance period for qualifying sales.
  • Payment Method: Payments will be made via PayPal.

3. Marketing and Promotion

  • Use of Brand and Trademarks: Affiliates are permitted to use the HodgesNet, Ant Hodges, and specific product names in their marketing materials. However, bidding on these brand terms for paid advertising purposes is strictly prohibited.
  • Promotion at Live Events: Affiliates are permitted to promote products and services offered by HodgesNet or Ant Hodges at live events (online or in person) but will be subject to specific promotional conversations and messaging during events that all Affiliates must agree to in advance. Notification of promotional conversation and messaging will be sent prior to any event.
  • Non-qualifying Commission:  A commission will be deemed a non-qualifying commission and therefore no commission paid, if the sale has been part of an internal process where the customer has attended sales presentations, coaching, consultancy, or other one-to-one services with HodgesNet or Ant Hodges.
  • Compliance: Affiliates are responsible for ensuring that all their promotional activities adhere to legal and regulatory requirements, particularly in terms of data protection, consumer rights, and advertising standards.

4. Legal and Regulatory Compliance

Affiliates must comply with all applicable laws and regulations, including but not limited to data protection laws and advertising standards. Affiliates are solely responsible for their advertising and promotional activities and shall indemnify HodgesNet against any claims or legal actions arising from their promotions.

5. Dispute Resolution and Grievances

  • Reporting Issues: Affiliates should report any grievances or disagreements via email to [email protected].
  • Termination for Misuse: Any misuse of the affiliate program or actions that negatively impact the HodgesNet brand or where affiliates are in breach of this affiliate agreement, will result in immediate termination of the affiliate agreement. In such cases, any unpaid commissions will be withheld.
  • Final Decisions: HodgesNet reserves the right to make final decisions in all disputes.

6. Termination

This agreement can be terminated by either party with written notice. Upon termination, all outstanding commissions (if any) will be paid during the next scheduled payment cycle, unless termination is due to the Affiliate’s breach of these terms.

7. Modification of Terms

HodgesNet reserves the right to modify any of the terms and conditions within this agreement at any time and at its sole discretion. Affiliates will be notified of any changes and continued participation in the program will constitute acceptance of these changes.

8. Limitation of Liability

HodgesNet shall not be liable for any indirect, incidental, special, or consequential damages, or any loss of revenue or profits arising under or with respect to this agreement or the program, even if HodgesNet has been advised of the possibility of such damages.

9. Relationship of Parties

Affiliates are independent contractors, and nothing in this agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. Affiliates have no authority to make or accept any offers or representations on behalf of HodgesNet. A clear statement must be made on all affiliate promotions with regard to the relationship with HodgesNet and should state as a minimum: "As an affiliate of HodgesNet, I receive compensation for the promotion of this offer should you choose to buy from HodgesNet."

10. Confidentiality

All information related to HodgesNet’s business, its customers, plans, marketing strategies, products, and services, which are not publicly known, shall be considered confidential. Affiliates must not disclose such information to any third parties. Search information may include advance notice of promotions and launches so that affiliates may prepare for any promotions.

11. Intellectual Property

All intellectual property rights related to HodgesNet’s products, services, and marketing materials are the sole property of HodgesNet. Affiliates are granted a limited, non-exclusive, non-transferable right to use such intellectual property solely for the purpose of promoting HodgesNet’s products and services.

12. Representations and Warranties

Affiliates represent and warrant that they will conduct business in a manner that reflects favorably at all times on the products, services, goodwill, and reputation of HodgesNet.

13. Indemnification

Affiliates agree to indemnify, defend, and hold harmless HodgesNet and its affiliates, officers, directors, employees, agents, successors, and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including attorney fees, arising from or relating to any act or omission of the Affiliate in connection with the performance of their duties under this agreement.

14. Governing Law

This agreement shall be governed by and construed in accordance with the laws of the jurisdiction where HodgesNet is located (United Kingdom), without regard to its conflict of law principles.

15. Entire Agreement

This document constitutes the entire agreement between HodgesNet and the Affiliate and supersedes all prior or contemporaneous agreements, representations, warranties, and understandings with respect to the HodgesNet Affiliate Program.

 

Last Updated: 12th December 2023