ElevatedFX Affiliate Agreement
This Affiliate Agreement (“Agreement”) governs Your application for, and any subsequent participation in, ElevatedFX’s Affiliate program. By clicking “I Accept the Terms and Conditions” and submit, You thereby accept the terms of this Agreement, You indicate that You have read and understood this Agreement, and agree that You are bound by its terms.
1. PARTIES. All references to “ElevatedFX” herein means and refers to ElevatedFX LTD, doing business as ElevatedFX. All references to “You” and “Your” mean and refer to the person or entity who has executed this Agreement by clicking “I Accept the Terms and Conditions” and submit. ElevatedFX and You are each referred to herein as a “Party,” and collectively as the “Parties.”
2. APPLICATION. You agree to provide all information requested by ElevatedFX in connection with Your Affiliate application, and You affirm that all information that You provide is truthful and accurate. You understand and agree that ElevatedFX retains sole and exclusive discretion to determine whether You qualify for participation in ElevatedFX’s Affiliate program. Not everyone who applies for ElevatedFX’s Affiliate program will qualify to participate
3. CONSENT TO BE CONTACTED. You expressly consent to be contacted at the email address and the phone number You provide in Your application about Your application and the Affiliate program, including through automated dialing systems, texts and artificial or pre-recorded messages. This consent is a material condition of this Agreement and may not be revoked except in writing by both Parties.
4. COMPENSATION. If Your application to become an affiliate is approved by ElevatedFX, You will receive a unique Affiliate ID. The Affiliate ID will be incorporated within each URL which You will use to advertise ElevatedFX. You will have the opportunity to receive a commission for each Sale that is registered using Your Affiliate ID.
In the event that a Prospect has multiple Affiliate Cookies, the most recently-acquired Cookie will determine which Affiliate is credited with a Sale. There are some products sold that do not have trial periods.
Provided that the Sold Account remains in good status within seven (7) days from the Sale, You will be paid a commission for each Sold Account that generates a payment to ElevatedFX in a month (“Commission”). Except as otherwise provided herein, Commission payments will be paid on the 1st and 15th of each month following ElevatedFX’s receipt of payment for a Sold Account, subject to the other terms of this Agreement. In the event the 1st or 15th of each month falls on a holiday, Commission payments will be paid on the business day preceding the holiday. All Commission payments are based on the amount of fees received by ClickFunnels, less sales taxes.
The amount of Commissions are 50% on all first time purchases of ElevatedFX Products through Your affiliate link, and 50% on all recurring payments.
All Commissions and Legacy Bonuses are paid in U.S. Dollars (USD) or otherwise in currencies offered by the payment provider. Some payment methods may incur processing fees that may be deducted from Your Commissions or Legacy Bonus payment. Your combined Commission and Legacy Bonus must equal or exceed One Hundred and 00/100 Dollars ($100.00) (USD) before You receive a payment from ClickFunnels. If Your combined Commissions and Legacy Bonuses in a 120-day period do not exceed $100.00 (USD) Your Commissions will not be paid and will be forfeited.
Once a Commission of $100 (USD) or more is earned, You will need to register with our third-party payment provider to receive payment of Commissions. This means you are authorizing third party companies to contact you. Before You can be paid any Commission or Legacy Bonus, You must provide ClickFunnels a completed W-8 or W-9 tax form, as instructed by ClickFunnels. You will be deemed to have permanently waived all rights to Commissions or Legacy Bonuses that were earned more than 120 days before submitting a completed W-8 or W-9 tax form to ClickFunnels. If You are not a resident of the United States, ClickFunnels may withhold tax (including without limitation VAT) where required by applicable law. You are solely responsible for complying with all tax laws in Your respective jurisdiction(s) including, but not limited to, the payment of all required taxes to, and filing of all returns and other required documents with, the applicable governing body(ies).
Affiliates are not permitted to open a ElevatedFX account under the name of another person or entity, under a fictitious name, or under any name merely for the purpose of obtaining Commissions or any other compensation. Affiliate’s may not pay for another person’s or entity’s account. Affiliates are not permitted to offer cash rebates or other monetary incentives to obtain Sales.
Commissions are paid only for transactions that actually occur between ElevatedFX and a Sale in which payment is received by ElevatedFX. If payment for a Sold Account later results in a refund or chargeback, and if a Commission was paid to You for that Sold Account, then the Commission will be deducted from Your future Commissions. If ElevatedFX determines, in its sole and exclusive discretion, that any Sale was procured fraudulently or as a result of any violation of this Agreement or applicable law, no Commission will be paid for such Sale and, for past sales, such payment amounts shall be deducted from Your future Commissions, and ElevatedFX may terminate this Agreement immediately without ElevatedFX having any liability to You.
5. ADDITIONAL REPRESENTATIONS AND WARRANTIES. In addition to Your other representations and warranties herein, You further represent and warrant that there are no prior or pending government investigations or inquiries of, or prosecutions against You by the Federal Trade Commission (“FTC”), any other federal or state governmental agency, or any industry regulatory authority, anywhere in the world, nor any prior or pending private lawsuits against You which relate to alleged intentional torts or alleged violation of any consumer protection or advertising laws. If You become the subject of such an investigation, inquiry, prosecution, or lawsuit any time after this Agreement is executed, You are required to notify ElevatedFX of the same within 24 hours. ElevatedFX, in its sole and exclusive discretion, may immediately terminate Your participation in ElevatedFX’s Affiliate program, as well as immediately terminate this Agreement, based on any investigation, proceeding, or lawsuit identified pursuant to this paragraph.
Additional Terms of the Affiliate Agreement and Advertising Rules
These Advertising Rules apply to all activities of Affiliates.
1. General Compliance. Affiliate shall publish or otherwise distribute advertisements in strict compliance with all applicable laws and regulations, including without limitation, laws prohibiting deceptive and misleading advertising and marketing, email marketing laws (including the federal CAN-SPAM Act (15 U.S.C. § 7701)), laws governing testimonials (including the FTC’s Revised Endorsements and Testimonials Guides (16 CFR Part 255 of the Code of Federal Regulations)), and all guidelines issued by the FTC. Affiliate is solely responsible for ensuring Affiliate’s compliance with all laws. Affiliates are strictly prohibited from making claims concerning the products and services offered by ElevatedFX that are inconsistent with, or beyond the scope of marketing materials produced and made available by ElevatedFX on ElevatedFX’s website, www.elevatedfx.com. Affiliate is prohibited from publishing or otherwise distributing advertisements by telemarketing, fax, or text messaging in any form to any device. Affiliate shall not offer monetary incentives, such as rewards points, cash, or prizes to Prospects in return for their response to an advertisement. Affiliate may, however, offer Prospects information and materials of tangible value including, but not limited to, website templates, information about e-commerce, website design, and online marketing, for reduced or no charge, but only so long as Affiliate accurately describes and delivers such information and materials to the Prospect. ElevatedFX retains the sole and exclusive discretion to determine whether Affiliate’s advertising and conduct is in compliance with all laws.
2. Disclosure. On any website that Affiliate advertises any ElevatedFX service or product, Affiliate must plainly display (i.e., not in a link, or in small font) the following disclaimer language:
Disclosure: I am an independent ElevatedFX Affiliate, not an employee. I receive referral payments from ElevatedFX. The opinions expressed here are my own and are not official statements of ElevatedFX or its parent company, ElevatedFX LTD.
3. Non-Disparagement. Affiliate is not permitted to comment negatively about or disparage the products or services of ElevatedFX or any other person or entity, including without limitation the products or services of a ElevatedFX competitor. Affiliate is not permitted to engage in any unlawful or deceptive actions with respect to search engine optimization, including, but not limited to, using any technique that generates paid search results based on any trademarks of ElevatedFX, any brand name of ElevatedFX, or based on the trademarks or brand name of any competitor of ElevatedFX, or any other third party.
4. Social Media. If Affiliate advertises on Instagram or YouTube, then each post must comply with all of the following:
Each post must contain @elevatedfx or #elevatedfx.
Each post must contain #ad in a clear and conspicuous location before the text of the description and in all events before the “More” button.
Each Instagram post must use Instagram’s “Paid Partnership” tool.
Each YouTube post must contain the word “Ad,” “Advertisement,” “Promotion,” or “Paid Partnership” within the video itself in a font size that is clearly recognizable to the viewer and which appears persistently throughout the length of the video in the top right hand portion of the video.
If Affiliate is advertising on other forms of written social media (e.g., Facebook, Twitter), Affiliate must comply with the above disclosure restrictions as applicable to each form of social media. Affiliate must also comply with all rules of each social media platform that Affiliate uses.
5. Income and Business Opportunity Claims. Affiliates are expressly prohibited from making any claims that use of ElevatedFX’s services will guarantee that the user will make money. If Affiliate’s recruiting efforts include claims related to income Affiliate has made from using ElevatedFX’s services or as an Affiliate, the following guidelines must be adhered to:
(a) Affiliate’s statements must be completely true and accurate and supported by evidence of Affiliate’s experience; and
(b) Affiliate’s statements must be accompanied by the following disclaimer in clear and conspicuous font: “These were my results. Your results will vary based on a variety of factors including Your education, effort, and market factors. There is no guarantee You will make any money. If trading, only trade with money you are willing to lose.” Affiliate is also expressly prohibited from making any express or implied claims that ElevatedFX is or provides a business opportunity, franchise opportunity, a “business-in-a-box,” or an assisted marketing plan.
Affiliate may not use “ElevatedFX” or other ElevatedFX trademarks as part of any URL, domain or website name.
ElevatedFX retains exclusive ownership of all ElevatedFX Trademarks and other intellectual property and all of its rights therein. Affiliate shall not promote or provide services to any other business or person that is infringing any of ElevatedFX’s intellectual property.
6. Complaint Notification. Affiliate must notify Company of any complaint received by Affiliate regarding any advertisements within twenty-four (24) hours of receiving such complaint. Notice should be sent to firstname.lastname@example.org.
7. Independent Contractor. Affiliates are independent contractors of ElevatedFX. It is the express understanding and intention of the Parties that no relationship of master and servant nor principal and agent shall exist between ElevatedFX and You by virtue of this Agreement. You have no right to act on behalf of or bind ElevatedFX in any way, nor share in the profits or losses of ElevatedFX. The only compensation available to You is set forth in this Agreement. You are solely and exclusively responsible and liable for all of Your acts or omissions.
8. NO WARRANTY; NO LEADS. ElevatedFX does not promise, guarantee or warrant Your business success, income, or sales. You understand and acknowledge that ElevatedFX will not at any time provide sales leads or referrals to You. You understand and agree further that this is not a business opportunity, a franchise opportunity, a “business-in-a-box,” or an assisted marketing plan. You are responsible for procuring and paying for any and all materials and resources necessary to operate as an Affiliate as You determine in Your sole discretion.
LIMITATION OF LIABILITY. YOU AGREE THAT IN NO EVENT SHALL ElevatedFX LTD, OR THEIR RESPECTIVE OWNER(S), PARENT COMPANY(IES), AFFILIATE ENTITIES, EMPLOYEES, OR ASSIGNS HAVE LIABILITY TO YOU FOR ANY CLAIM OF ANY KIND OR DESCRIPTION FOR AN AMOUNT IN EXCESS OF THE AMOUNT OF THE COMMISSIONS PAID TO YOU FOR THE MONTH PRECEDING THE DATE IN WHICH THE FACTS GIVING RISE TO A CLAIM AGAINST ElevatedFX OCCURRED, OR TWO-THOUSAND DOLLARS ($2,000), WHICHEVER IS GREATER. YOU WAIVE ANY RIGHT TO SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND OR DESCRIPTION. THIS LIMITATION OF LIABILITY SHALL APPLY FOR ALL CLAIMS AND ALL THEORIES OF LIABILITY ADVANCED, REGARDLESS OF WHETHER ElevatedFX WAS AWARE OF OR ADVISED IN ADVANCE OF THE POSSIBILITY OF DAMAGES OR SUCH CLAIMS.
9. DISPUTE RESOLUTION BY MANDATORY BINDING ARBITRATION, CLASS ACTION WAIVER, & GOVERNING LAW.
10. Indemnity. You agree to protect, defend, indemnify and hold harmless ElevatedFX, its officers, directors, employees, owner(s), and parent company(ies) and assigns from and against all claims, demands, and causes of action of every kind and character without limitation arising out of Your conduct, acts, or omissions related to Your application and/or performance of this Agreement including, but not limited to, any breach of this Agreement. Your indemnity obligation includes, but is not limited to, any third party claim against ElevatedFX for liability or payments for damages caused by, or other liability relating to, You. This provision expressly survives the termination of this Agreement.
11. Term and Termination. If approved, Your participation in the ElevatedFX Affiliate program will continue month-to-month until either:
A. ElevatedFX cancels Your account due to Your breach of any of the terms of this Agreement. In the event this Agreement is canceled due to Your breach, You immediately forfeit all Commissions and any other payments owed to You or that may in the future be owed to You without any further liability by ElevatedFX to You
B. ElevatedFX or its successors or assigns, in its sole and absolute discretion, cancels, or fails to renew this Agreement. In the event that ElevatedFX or its successors or assigns cancel this Agreement, You will first receive thirty (30) days’ written notice, sent to the email address associated with Your Affiliate profile.
C. You provide ElevatedFX thirty (30) days’ written notice that You wish to cancel the Agreement.
If this Agreement is terminated or canceled, then all provisions that, by their nature, should survive, will survive, including, but not necessarily limited to, all limitations of liability, disclaimers of warranties, indemnity obligations, mandatory arbitration and class action waiver provisions, and exceptions to arbitration. All representations and warranties undertaken by You shall also survive termination or cancellation of this Agreement and/or Your ElevatedFX account.
12. Severability. In the event any provision of this Agreement is inconsistent with or contrary to any applicable law, rule, or regulation, the provision shall be deemed to be modified to the extent required to comply with the law, rule, or regulation, and this Agreement and the Terms of Service, as so modified, shall continue in full force and effect.