Thank you for your interest in the Amazing Selling Machine Affiliate Program. We are very
excited to have you on board, but first it’s important that we outline the details of the Amazing Selling Machine Affiliate Agreement. The purpose of this Agreement is not to bog you down with rules but to make sure that both you, the Affiliate and our company have a clear understanding of what is permitted and acceptable. This way, we don’t have to email you later on to tell you to stop doing something because you didn’t realize it wasn’t allowed. That wastes our time but it also wastes your time. The purpose of this Agreement is:
- To set out how the Amazing Selling Machine Affiliate Program works
- What Amazing Selling Machine’s roles and responsibilities are and what they are not
- How you the Affiliate will be paid commission by us
- What your roles and responsibilities as an Affiliate are
This Agreement has been designed to protect both Amazing Selling Machine and Affiliates of Amazing Selling Machine. Please read carefully and if you have any questions, email us at email@example.com
- Affiliates must use truthful, accurate, and not misleading claims of earnings results when talking about Amazing Selling Machine
- Affiliates must not send unsolicited emails and must comply with CAN-SPAM.
- Affiliates must not bid on terms or names that are our trademarked terms or names outlined in this Agreement including Amazing Selling Machine, AmazingSellingMachine, and any misspellings or variations of our terms or names.
- Affiliates must not publish or link to Amazing Selling Machine from adult, gambling or offensive websites.
- Affiliates must not register and/or use domains with the wording ‘Amazing Selling Machine’ or any similar term contained within such domains.
- Affiliates must not create and/or use Social Media accounts with the wording ‘Amazing Selling Machine’ or any similar term within the username or account name.
- Affiliates must not disparage or misrepresent Amazing Selling Machine in anyway, in particular using words like “scam” or “rip-off”.
- Affiliates must not bid on or otherwise attempt to acquire any rights in any Amazing Selling Machine copyrights, service-marks or trademarks.
- Affiliates must not promote Amazing Selling Machine on any sites with inappropriate content.
- Affiliate is deemed to have accepted the terms of this Agreement if they are enabled to participate in the Affiliate Program.
- Affiliates must not offer gift cards, cash prizes or reimbursement for inventory or for purchase of ASM as an incentive to purchase the course through their affiliate link.
- Affiliates must disclose that they may be compensated for promoting our products and services
- Affiliates must disclose what is typical for ASM member results using our (*)Typicality-Disclaimer when they share claims (testimonials, results, etc.) about Amazing Selling Machine. The disclaimer must to be near the first mention of claim(s), but does not need to repeat for each claim. All other claim(s) it is qualifying, you must include a visual clue, such as an asterisk, with each claim to guide the consumer to the disclaimer.
- (*) TYPICALITY DISCLAIMER: These member’s results may not be typical. ASM members joining between 2013-2016 who completed the program and launched a new brand had median annual revenue of $60,750.00.
Terms and Conditions
- Affiliate program: This Amazing Selling Machine Affiliate Program Agreement (this
“Agreement“) is between you (an “Affiliate“) and the owners of AmazingSellingMachine.com (“Amazing Selling Machine“). Affiliate’s participation in the Affiliate Program is conditional on Affiliate’s acceptance of the terms and conditions contained in this Agreement. Affiliate is deemed to have accepted this Agreement by applying to participate in the Affiliate Program.
- Who can be an Affiliate?: All Affiliates must be at least 18 years old or older.
- What does an Affiliate do?: An Affiliate is an internet marketer who takes on the role of promoting Amazing Selling Machine and the Amazing Selling Machine website.
- How does the Affiliate Program work?: To participate in the Affiliate Program, Affiliate must apply to be an affiliate, which enables them to create an Affiliate Link. An “Affiliate Link” is defined as web URL or hyperlink which contains, either within the link or via any redirect or link-cloaking software, the Affiliate’s ID with the intention of tracking referred traffic to Amazing Selling Machine. When an Affiliate directs or sends a prospective buyer to the Amazing Selling Machine website via a correctly formatted Affiliate Link and that visitor then purchases a product from Amazing Selling Machine, the Affiliate will receive a commission from Amazing Selling Machine on the sale of that product (the “Commission“). Affiliate Links are cookied for 30 days. A customer has 30 days from date launch ends to request an affiliate switch. You will be notified if a customer is removed from your ledger due to a switch request later than 3 days after purchase date.
- Provision of correct contact information: Affiliate is responsible for providing Amazing Selling Machine with Affiliate’s correct contact information at the time that Affiliate registers for the Affiliate Program and Affiliate must keep Affiliate’s contact information up-to-date. Failure by Affiliate to provide Amazing Selling Machine with correct contact information could result in the suspension of Affiliate’s Affiliate Program account as Amazing Selling Machine may be unable to contact Affiliate regarding important issues concerning the Affiliate Program and Affiliate’s participation in the Affiliate Program. If Affiliate becomes aware that Amazing Selling Machine has been provided incorrect contact information of Affiliate or if Affiliate’s contact information becomes out-of-date, Affiliate must immediately contact Amazing Selling Machine and provide Amazing Selling Machine with correct contact information.
- Username and password: Affiliate’s login credentials (being Affiliate’s username and password) are personal to Affiliate. Affiliate must always maintain the confidentiality of Affiliate’s username and password and not disclose them to any third party. Affiliate agrees that Affiliate is solely responsible for any use of the Amazing Selling Machine by any person using Affiliate’s username and password and Affiliate agrees to indemnify Amazing Selling Machine against any claims arising out of Affiliate’s failure to maintain the confidentiality of Affiliate’s username or password. Affiliate agrees to not impersonate any person or entity or falsely state or otherwise misrepresent Affiliate’s affiliation with a person or entity. Amazing Selling Machine will not be liable for any loss that Affiliate may incur as a result of someone else using Affiliate’s password or account (whether with or without Affiliate’s knowledge). Affiliate agrees to notify Amazing Selling Machine immediately of any unauthorized use of Affiliate’s account or any other breach of security.
- Prohibited actions: The Affiliate agrees not to:
- register for ASM or any other Amazing Academy course or product using their own personal affiliate link. To clarify, you, as an affiliate, cannot register yourself as a referral.
- misrepresent Amazing Selling Machine’s products and services;
- advertise or promote Amazing Selling Machine products and services on any sites that:
- promote sexually explicit material, violence, pirated materials, illegal activities, gambling or sites that promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
- contain extensive religious commentary or attempts to preach or solicit members for a particular church or faith; or contain any violations of intellectual property rights or any other laws not otherwise listed here;
- disparage Amazing Selling Machine, the Amazing Selling Machine website, or any Amazing Selling Machine affiliated products including, without limitation, referring to Amazing Selling Machine and using the words “scam”, “rip-off”, or any words with a similar or associated meaning in any advertisement or website copy; or
- engage in any conduct that is likely to impair or cause damage to the operation of the Amazing Selling Machine website whether by way of a virus, corrupted file or through use of any other software or program.
- FTC Guidelines: The Affiliate agrees to follow the FTC endorsement guidelines (click here to read “The FTC’s Revised Endorsement Guides: What People are Asking”)
- GDPR Compliance: The Affiliate agrees to follow the GDPR guidelines, General Data Protection Regulation (GDPR) is a set of data protection regulations (binding legislative acts) governing the use of personal data across the European Union (EU). Effective May 25, 2018. Even if your business is not located in the EU, you must comply with the GDPR rules if you “offer goods or services to, or monitor the behaviour of, EU data subjects. (click here to read more on GDPR)
- SPAM – Affiliate agrees to comply with all US Federal CAN-SPAM Acts. Amazing Selling Machine has a zero tolerance policy toward spam and any Affiliate associated with spam. If Amazing Selling Machine establishes, at Amazing Selling Machine’s absolute discretion, that Affiliate is involved with spam in any way including, without limitation, creating, sending or otherwise distributing spam, Amazing Selling Machine may immediately terminate Affiliate’s Affiliate Program account and Affiliate will forfeit all Commissions owed to Affiliate.
- Affiliate Link – Affiliate is solely responsible for ensuring that Affiliate’s Affiliate Link is set up correctly. Amazing Selling Machine is not responsible for Affiliate’s failure to receive any Commission due to the incorrect formatting or configuration of Affiliate’s Affiliate Link.
- Email – Affiliate agrees to receive email or other electronic communications from Amazing Selling Machine including, but not limited to, newsletters, site updates, promotion resources and other announcements and correspondence. Affiliate agrees that all agreements, notices, disclosures and other communications that Amazing Selling Machine provide to Affiliate electronically satisfy any legal requirement that such communications be in writing. Affiliate agrees to be bound by any agreement reached through electronic communications in terms of the Electronic Transactions Act 2002. Amazing Selling Machine accepts no responsibility for the accurate receipt of any such emails and Affiliate is responsible for ensuring that Affiliate’s email address is not blocked or impaired in any way, including by Affiliate ensuring ‘white-listing’ of Affiliate’s email address.
- If Affiliate unsubscribes from receiving emails from Amazing Selling Machine, Affiliate acknowledges and understands that Affiliate may no longer receive information or updates from Amazing Selling Machine.
- Amazing Selling Machine Intellectual Property and Brand
- Ownership of intellectual property: Amazing Selling Machine reserves all rights in or to its trademarks, servicemarks, copyright and other intellectual property rights that may subsist in this website including text, illustrations, photographs, video, music, sounds, layout, designs, or source code, belonging to Amazing Selling Machine or to Amazing Selling Machine’s licensors (“Amazing Selling Machine Intellectual Property“). Affiliate must not use, copy, modify, adapt, reproduce, store, distribute, print, display, perform, or publish any Amazing Selling Machine Intellectual Property except as expressly provided in this Agreement or with the prior written consent of Amazing Selling Machine.
- Modification and display of Amazing Selling Machine Intellectual Property: Affiliate is not permitted to make any changes to any items of Amazing Selling Machine Intellectual Property including, without limitation, the Amazing Selling Machine logo, and any Amazing Selling Machine images and Affiliate must not display such items in any way which may be distasteful, or defame or misrepresent Amazing Selling Machine, the Affiliate Program, or the Amazing Selling Machine website.
- Use of Amazing Selling Machine Intellectual Property: Affiliate may use the particular Amazing Selling Machine logos and images that Amazing Selling Machine grants Affiliate access to within the “Affiliate Resource” section of the Amazing Selling Machine website for purposes related to Affiliate’s participation in the Affiliate Program only.
- Brand name: Affiliate is not permitted to purchase, bid on, or otherwise attempt to acquire any ‘Amazing Selling Machine brand name keywords’ with respect to Internet search engines or register or use domains that include the wording “Amazing Selling Machine” or any similar wording. Amazing Selling Machine brand name keywords or similar wording includes “Amazing Selling Machine” and any misspelling or variation of “Amazing Selling Machine” including, without limitation, “AmazingSellingMachine”, “Amazing SellingMachine”, “The Amazing Selling Machine”, etc.
- Access to Amazing Selling Machine data: Affiliate is not entitled to have access to Amazing Selling Machine data that is not publicly available for review or other purposes. Access to Amazing Selling Machine data may be granted to Affiliate by Amazing Selling Machine at Amazing Selling Machine’s absolute discretion.
- Guarantees, Liability and Disclaimers
- Warranties: While Amazing Selling Machine endeavors to ensure that the content of the Amazing Selling Machine website is free from errors, Amazing Selling Machine does not give any warranty or other assurance as to the content of material appearing on the Amazing Selling Machine website, its accuracy, completeness, timeliness or fitness for any particular purpose. To the maximum extent permitted by law, Amazing Selling Machine provides the Amazing Selling Machine website and related information and services on an “as is” basis without any warranties, representations, or guarantees of any kind (whether, express, implied, statutory or otherwise) including, but not limited to, warranties of non-infringement, merchantability, or fitness for a particular purpose.
- No guarantee regarding income: Amazing Selling Machine makes no guarantee of any kind regarding the potential income that can be generated through Affiliate’s participation in the Affiliate Program.
- Limitation of Liability: To the extent legally permitted, in no event shall Amazing Selling Machine or its affiliates, distributors, licensors, and agents, or any of its or their directors, employees, and agents be liable as a result of Affiliate’s use of the Amazing Selling Machine website or participation in the Amazing Selling Machine Affiliate Program for direct, indirect, special, incidental, punitive or consequential damages, losses or expenses, including without limitation, loss resulting from business disruption, loss of data, lost profits, lost goodwill, or damage to systems or data, howsoever arising, including without limitation, though an action in contract, tort (including negligence) or otherwise, even if Amazing Selling Machine or its affiliates, distributors, licensors, and agents, or any of its or their directors, employees, and agents have been advised of the possibility of such damages.
- Consumer Guarantees Act: If you are using our services for business purposes, you agree that the guarantees provided under the Consumer Guarantees Act 1993 or any comparable consumer protection legislation shall not apply to those services.
- Availability: Affiliate’s use of this website and any associated services may sometimes be subject to interruption or delay. Due to the nature of the Internet and electronic communications, Amazing Selling Machine and Amazing Selling Machine’s service providers do not make any warranty that this website or any associated services will be error free, without interruption or delay, or free from defects in design. Amazing Selling Machine will not be liable to Affiliate should the Amazing Selling Machine website or the services supplied through this website become unavailable, interrupted or delayed for any reason.
- Malicious code: Although Amazing Selling Machine endeavors to prevent the introduction of viruses or other malicious code (together, ‘malicious code’) to the Amazing Selling Machine website, Amazing Selling Machine does not guarantee or warrant that the Amazing Selling Machine website, or any data available from it, does not contain malicious code. Amazing Selling Machine will not be liable for any damages or harm attributable to malicious code. Affiliate is responsible for ensuring that the process that Affiliate employs for accessing this website does not expose Affiliate’s computer system to the risk of interference or damage from malicious code.
- Security: Although Amazing Selling Machine endeavor to protect the security of Affiliate’s contact information Affiliate acknowledges that there is a risk of unauthorized access to (or alteration of) Affiliate’s transmissions or data or of the information contained on Affiliate’s computer system or on the Amazing Selling Machine website. Amazing Selling Machine does not accept responsibility or liability of any nature for any losses that Affiliate may sustain as a result of such unauthorized access or alteration. All information transmitted to Affiliate or from Affiliate is transmitted at Affiliate’s risk, and Affiliate assumes all responsibility and risks arising in relation to Affiliate’s use of this website and the internet. Amazing Selling Machine does not accept responsibility for any interference or damage to Affiliate’s own computer system which may arise in connection with Affiliate’s accessing of this website or any outbound hyperlink.
- Affiliate’s use of the Amazing Selling Machine website and its content is voluntary. Affiliate shall indemnify Amazing Selling Machine and its affiliates, distributors, licensors, and agents, and all of its and their directors, employees, and agents against, and hold them harmless from, any and all lawsuits, claims, expenses (including reasonable legal fees), settlements, damages, judgments and the like arising from Affiliate’s use of the Amazing Selling Machine website and content or Affiliate’s failure to maintain the confidentiality or security of Affiliates password or access rights.
- Term and Termination
- Term: This Agreement is effective immediately upon Affiliate’s acceptance of this Agreement and shall continue until terminated as described in this section 8.
- Termination without notice: Amazing Selling Machine and Affiliate both reserve the right to terminate this Agreement at any time without notice. In the event of termination of this Agreement, all outstanding Commissions due to Affiliate will be payable.
- Termination for breach: In the event of termination of this Agreement by Amazing Selling Machine due to breach of this Agreement by Affiliate, Affiliate shall not be entitled to be paid any outstanding Commission.
- Waiver: Any waiver by Amazing Selling Machine of a breach of or right under this Agreement will not constitute a waiver of any other or subsequent breach or right.
- Independent Contractors: An affiliate is acting as an independent contractor when acting as an affiliate. No partnership, joint venture or any legal entity is created between Amazing Selling Machine and the affiliate.
- Changes: Amazing Selling Machine reserves the right to amend this Agreement as needed from time to time. Affiliate is bound by any changes made to this Agreement and Affiliate’s acceptance of any income through or due to the Affiliate Program will be regarded as acceptance by Affiliate of any changes to this Agreement. Amazing Selling Machine will endeavor to inform Affiliate of any changes made to this Agreement via email.
- Feedback and unsolicited submissions: If Affiliate provides Amazing Selling Machine any feedback about the Amazing Selling Machine website or the Affiliate Program, Affiliate grants Amazing Selling Machine the right to use that feedback for the purpose of improving the Amazing Selling Machine website or Affiliate Program (and for any other purpose Amazing Selling Machine deems necessary or desirable) without being obliged to pay Affiliate any compensation in respect of Amazing Selling Machine’s use of that feedback. If Affiliate does send Amazing Selling Machine unsolicited ideas such ideas will be deemed to be non-confidential and Amazing Selling Machine will not be required to provide any acknowledgement of their source.
- Top Affiliates: From time to time Amazing Selling Machine may enter into special agreements with certain ‘top’ Affiliates. Such special arrangements may include, but not limited to, special discounted rates or bonus packages. The entry by Amazing Selling Machine into a special arrangement with any Affiliate is at Amazing Selling Machine’s sole discretion and Amazing Selling Machine reserves all right to determine whether any Affiliate will be offered the opportunity to enter into such a special arrangement.
- Interpretation, Severability: Headings are inserted for convenience and shall not affect the construction of this Agreement. The singular includes the plural and vice versa. If any portion of this Agreement is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law to the greatest extent possible to reflect the original intentions of the parties, and the remainder of the provisions shall remain in full force and effect. If any provision in this Agreement shall be held by a court of competent jurisdiction to be contrary to law, that provision shall be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law, and the remaining provisions in this Agreement will remain in full force and effect.
- Advertisements: Amazing Selling Machine does not necessarily endorse or recommend any of the goods or services advertised on or through the Amazing Selling Machine website. Amazing Selling Machine does not necessarily endorse or recommend any affiliates using our services.
- Third party websites: The Amazing Selling Machine website provides links and pointers to internet sites maintained by third parties. Such linked sites are not under Amazing Selling Machine’s control and Amazing Selling Machine is not responsible for the contents (including the accuracy, legality or decency) of any linked site or any material contained in a linked site. Amazing Selling Machine will not be liable for any damages or loss arising in any way out of or in connection with or incidental to any information or third party service provided by any third party.
- Confidentiality: Affiliate shall keep confidential the terms of this Agreement and any information associated with the Affiliate Program subject to any disclosure required by law. This clause shall survive termination of this Agreement.
- Governing law: This Agreement is governed by the laws of the United States of America (USA) and the courts of USA shall have non-exclusive jurisdiction to hear and determine any dispute arising in relation to this Agreement.
- Entire Agreement: This Agreement is the complete and exclusive agreement between the Amazing Selling Machine and Affiliate in relation to the Affiliate Program and supersedes all previous and contemporaneous agreements, proposals and communications with respect to this subject matter.
- Other rights reserved: All rights not expressly granted in this Agreement are reserved by Amazing Selling Machine.
- Conditions of commissions: Any claim to collect commissions will be null and void IF payment details and tax forms are not provided within 12 months of the initial Affiliate Payout date.