Digital Wealth Academy Affiliate Program
Parties
Agreement between the Affiliate and THE DIGITAL WEALTH ACADEMY LLC, a Florida limited liability company, governing participation in the Digital Wealth Academy Affiliate Program.
Acceptance of Terms
These terms are legally binding. Your act of selling the Digital Wealth Academy online course (the "Product") and participating in the Services constitutes your acceptance of these Terms. Modifications become effective immediately upon notice.
Term and Termination
Agreement runs from registration date and continues until terminated by either party, with or without cause. If Affiliate fails to follow these Terms or any other legal terms Company has posted anywhere on its website or websites, Affiliate forfeits all rights.
Affiliate Program
Affiliates receive a unique payment link. The Company will provide tracking to monitor purchases made through each affiliate's link.
Payout Information
Affiliate will be paid a total of 85% of all sales of the Product purchased through the Affiliate's unique Affiliate Link, and Company will retain the remaining 15%. Disputes must be filed within 30 days of payout receipt.
Promotions
Affiliates are not permitted to promote or advertise any discounts, sales, or special offers related to the Product unless expressly approved and first announced by Company.
Intellectual Property
Company grants a non-exclusive, non-transferable, revocable license for using Company branding solely to direct customers to the affiliate link. Affiliate may not modify the Company IP in any way.
Relationship of the Parties
Affiliate is an independent contractor of the Company and will remain so at all times. No partnership or employment relationship exists.
Non-Exclusivity
Affiliate is free to work with similar affiliate program providers in any category.
Non-Disparagement
Parties agree not to disparage, criticize, or defame each other, except as required by legal proceedings.
FTC Material Disclosures
Affiliate must clearly disclose a "material connection" with Company, including the fact that Affiliate is making a commission as part of the Affiliate Program.
Model Release
Company receives full ownership of all videos and photographs containing the affiliate's image or likeness, with the affiliate releasing all claims related to their use.
Marketing Restrictions
Marketing of the Product under false pretenses, misrepresentation, or any form of deceptive practice is strictly prohibited and constitutes a material breach of these Terms. Income claims require express written earnings disclaimers.
Agreement Modification
Affiliate is not permitted to modify or amend these Terms in any manner without the express written consent of Company. Continued use constitutes acceptance of modifications.
Refund Policy
All sales of the Product are final and non-refundable. Affiliates must communicate this clearly to customers.
Confidential Information
Affiliates agree not to disclose Company's confidential and proprietary information to third parties without written consent.
Audit Rights
Company reserves the right to audit, at its sole discretion and at any reasonable time, the Affiliate's books, records, and operations related to the use, sale, and distribution of the Product.
Indemnification
Affiliate agrees to indemnify and defend the Company against third-party claims arising from breach of terms, misuse of the product, or intellectual property infringement.
Limitation of Liability
In no event shall Company, its affiliates, directors, employees or its licensors be liable for any direct, indirect, punitive, incidental, special, consequential or exemplary damages. Company liability is limited to the product purchase price.
Electronic Communications
Affiliate consents to receiving electronic communications and agrees electronic delivery satisfies legal requirements for written communication.
Force Majeure
Either party may be excused from performance obligations due to events beyond their control, except payment obligations. COVID-19 and any related governmental orders or shutdowns are known phenomena and not Force Majeure events.
Privacy
Affiliate agrees that all information provided to Company to register for and participate in the Services is governed by Company's Privacy Policy.
Warranties Disclaimer
Affiliate's use and sale of the Product is at Affiliate's own risk and is provided on an "as is" and "as available" basis, without any warranties of any kind.
Earnings Disclaimer
Company makes no guarantee as to the accuracy of third-party statements made or the likelihood of success as a result of these statements. Results are not guaranteed or typical.
Technology Disclaimer
Company makes reasonable efforts to provide reliable technology but disclaims responsibility for technological failures or inaccurate information.
Warranties and Representations
Both parties warrant they are free to enter this agreement, at least 18 years old, and that the agreement does not violate other obligations.
Assumption of Risk
By using and selling the Product and participating in the Services, whether paid or unpaid, Affiliate assumes the risk of such access.
Waiver
Company's failure to enforce provisions does not constitute a waiver. Waivers must be in writing to be effective.
Limitation on Time to File Claims
Any cause of action or claim Affiliate may have arising out of or relating to these Terms or the Product must be commenced within one (1) year after the cause of action accrues.
Severability
If any provision is invalid, the remaining portions remain in effect with invalid portions severed.
Notices
All notices to Company must be written and addressed to: Rachell@digitalwealthacademy.biz
Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of Florida.
Mediation
Disputes are first submitted to mediation in Hollywood, Florida or via Zoom. Costs split equally. Parties have 15 business days to begin and 30 days to conclude mediation.
Jurisdiction and Venue
Either party may file suit in a court of competent jurisdiction in the state or federal courts of Florida and each party irrevocably submits to the exclusive jurisdiction of such courts.