SUMMIT GUEST SPEAKER AFFILIATE AGREEMENT

This Summit Guest Speaker Affiliate Agreement is being entered into by Jump First  (“Summit Host”) and (“Guest Speaker”) this 23rd day of September, 2020 (“Effective Date”).

 

1. Summit Affiliate Program Description

Guest Speaker has agreed to participate in the Self-Educate To Elevate Summit, a virtual online summit taking place on October 5th – October 7th (“Summit”). Per this Summit Guest Speaker Affiliate Agreement, Guest Speaker has also agreed to participate as an Affiliate (“Affiliate”) in the Affiliate Program for Summit (“Affiliate Program”).

The term of this Agreement (“Term”) shall commence upon your acceptance to the Summit Affiliate Program and shall continue for 90 days.

The Affiliate Program for Summit is being administered through Clickfunnels. Guest Speaker has signed up as an Affiliate through the website at https://jumpfirst.clickfunnels.com/affiliate-access1598279181595/7e10961088d. (“Affiliate Website”). All affiliate information will be maintained on the Affiliate Website and it is Affiliate’s responsibility to be aware of any changes or updates.

Through the Affiliate Website, Affiliate shall be provided with unique affiliate links and tracking codes. Affiliate acknowledges that he or she must use these links in order to earn affiliate commissions.

Through the Affiliate Website, Affiliate shall be provided with logos, graphics and other promotional materials to promote the Summit. Summit Host grants Affiliate a non-exclusive, non-transferrable, royalty-free license to use these materials as is reasonably necessary to promote the Summit. Summit Host warrants that he/she is the owner of all Summit promotional materials.

 

2. Affiliate Sales Monitoring

Affiliate links contain a tracking cookie containing Affiliate’s unique identification. The tracking cookie expires 30 days after a user has first clicked Affiliate’s unique link. Through the Affiliate Program, Affiliate shall receive 50% for each purchase that occurs through use of Affiliate’s unique affiliate link, before the tracking cookie expires.

Affiliate commissions shall be paid every 30 days via PayPal. Affiliate shall provide his or her payment information on the Affiliate Website. Affiliate shall maintain responsibility for the payment of any state or federal taxes due on commissions received. Affiliate shall provide Jump First with appropriate tax documentation, including, but not limited to, a Form W-9.

Reporting of affiliate sales, pending sales and/or cancelled sales shall be made available on Affiliate Website.

 

3. Federal Trade Commission Compliance

Per the Federal Trade Commission (“FTC”) rules and guidelines regarding endorsements, Affiliate shall comply with the guidelines by always disclosing the affiliate relationship when promoting Summit.

 

4. Affiliate Email Marketing

Affiliate shall not utilize spam email methods in promoting Summit as an Affiliate.

 

5. Limitation of Liability

Summit Host makes no warranties, guarantees or representations regarding the amount of sales or commissions attributable to Affiliate. In no event shall Summit Host be held liable for any losses, damages or injuries resulting from full performance of this Agreement, to the extent allowed by law.

 

6. Independent Contract Relationship

Affiliate’s relationship with Summit Host shall be that of an independent contractor. Nothing in this agreement is intended to, or should be interpreted to, create an employment relationship. The Affiliate and Summit Host acknowledge that this Agreement does not create a partnership, joint venture or employment relationship between them, and is exclusively a contract for affiliate commissions related to Summit.

No part of the Affiliate’s compensation (if any) will be subject to withholding by the Summit Host for the payment of any social security, governmental or other employee payroll taxes.

 

7. Confidentiality

Both parties agree to keep in confidence any confidential information disclosed by the other party during the Term and following expiration of the Term. Confidential information includes, but is not limited to, any business, strategic, customer or technical information.

 

8. Dispute Resolution

In the event that a dispute arises out of or in connection with this Agreement, the parties agree to attempt to first resolve the dispute through friendly means.

If the dispute is not resolved within a reasonable period of time, this Agreement shall be governed in all respects by the laws of Delaware and the United States. Each party irrevocably consents to the exclusive personal jurisdiction of the federal and/or state courts of Delaware, as applicable, for any matter arising out of or in relation to this Agreement. However, in actions seeking to enforce any order or any judgment of such federal and/or state courts located in Delaware, such personal jurisdiction shall be nonexclusive.

 

9. Cancellation

Either party may cancel this Agreement without penalty by giving at least 30 days’ notice to the other party. If Affiliate cancels this Agreement, he or she shall be entitled to commissions earned up to the date of cancellation.

If Summit Host cancels this Agreement due to fault of Affiliate for failure to act within the scope of this Agreement, Affiliate forfeits any and all unpaid commissions. If Summit Host cancels this Agreement due to no fault of Affiliate, Summit Host shall pay affiliate all commissions earned up to cancellation date.

 

10. General Provisions

Summit Host shall maintain Affiliate Website in such a manner that accurately reflects the click-throughs and sales made by Affiliate.

If any provision of this Agreement is unenforceable, that provision shall be deemed amended to achieve as near as possible the same economic effect as the original provision and the remainder of this Agreement shall remain in effect and not be impaired.

Both parties agree that neither shall be liable for failure to perform or delays in performance caused by circumstances reasonably beyond his or her control.

This Agreement constitutes the entire contract between Summit Host and Affiliate regarding Affiliate commissions. This Agreement supersedes any previous negotiations, commitments, agreements or understandings, oral or written, surrounding Affiliate commissions. Summit Host reserves the right to modify any of the terms of this Agreement at any time and shall provide Affiliate with any changes in a timely manner.  

IN WITNESS THEREOF, by participating in affiliate activities, the parties have caused the Agreement to be executed and effective as of the Effective Date.

Thank you for reviewing this agreement. Please feel free to email us at hello@jumpfirst.org should you have additional questions or need further clarification.