Affiliate Partner Program Agreement
On behalf of the team at Willow, we want to let you know how honoured we are to collaborate. We believe that consciously contemplating and preparing for our inevitable death leaves us enriched and energized and more strongly connected to ourselves and others. Welcome and thank you for reading this agreement.
WHY YOU’RE READING THIS DOCUMENT
We want to make sure you’re aware of how Willow can assist and empower you and be clear on what Willow will not and cannot do for you. Being an Affiliate Partner means that you agree to everything outlined in our Affiliate Partner Program Agreement. It is your responsibility to read through this document and to make sure that you understand everything in it. If anything is unclear, please write to us at hello@WillowEOL.com. We’re here for you.
By participating in the Willow Affiliate Partner Program, you are agreeing to all of the following Terms and Conditions (the “Agreement”).
As an Affiliate Partner, you are expected to act with honesty and comply completely with Competition Bureau Canada’s guidelines and all equivalent and relevant legal acts and regulations that govern your jurisdiction. By participating in the Affiliate Program (the “Program”) conducted by Reena Lazar and Michelle Pante doing business (dba) as Willow End of Life Education and Planning, also known as Willow (the “Promoter”) for any of our products or programs listed below (the “Product”), you (the “Affiliate”) agree to the following Terms and Conditions:
All products available in the shop at WillowEOL.com except:
- The Willow Educator™Program
- Any items listed as Affiliate Products
HOW DOES THE AFFILIATE PROGRAM ACTUALLY WORK?
Our Affiliate Program runs through our E-commerce software. Upon enrollment in the Affiliate Program, you are given access to the Ultimate Affiliate dashboard. This is where you’ll find everything you need to carry out and manage your affiliate activities. Inside the dashboard you’ll be assigned your own unique tracking code. You can add your tracking code to any link (or web page) connected to the Willow website i.e. specific product pages in the shop, any free tool or blog post, the about page etc.). If someone gets to our site via your link and they make a purchase within 30 days, then you make a commission.
However, the system is set up on a “last click” basis. This means that the affiliate link a customer clicked on LAST (the one that drove the buyer to purchase) will get credit for the sale. Our system can recognize when people purchase using an affiliate link or not.
Here’s an example of this in action.
Mary shares the web link to our 7 Tools of Making Sense of Life & Death Workbook (using her designated affiliate link) on her Facebook page on Monday. People click through, arrive at 7 Tools of Making Sense of Life & Death Workbook sales page, but don’t make a purchase. Now, let’s say some of the people that checked out Mary’s Facebook promotion are also on another online influencer’s mailing list: Amanda.
On Tuesday, Amanda writes a persuasive blog post that she mails out to her list. The readers who had seen Mary’s earlier Facebook post click through and some of them make a purchase. Amanda will get credit for the sale, because her affiliate link was the last one clicked before the purchase was made.
While the buyers may have first landed on 7 Tools of Making Sense of Life & Death Workbook page via Mary, Mary will not receive the affiliate payout for this sale because the last affiliate they clicked was Amanda.
There are 3 basic requirements for participating in a Willow Affiliate Program:
- Affiliates must be 18 years or older to participate.
- Affiliates must be in good standing with the Canadian Competition Bureau and Willow
- Affiliates must be in compliance with all Canadian Competition Bureau guidelines, and the terms and conditions of this Agreement.
Willow reserves the unconditional right to accept or deny any Affiliate who enters the Promotion via the signup forms on our website, or who drives traffic to Willow ’s brands and websites via products offering Affiliate payout (the “Sites”).
The Affiliate agrees and understands that if any of their communications associated with or for this promotion (marketing, websites, blog posts, videos, audios, emails, Tweets, Facebook posts, etc.) are deemed offensive or inappropriate, that Affiliate will be deemed, at the sole discretion of the Promoter, ineligible to participate in any and all Affiliate promotions. The Affiliate in question will then be disqualified from receiving any further commission, recognition, communication or compensation from Willow.
The Affiliate may also be immediately removed from any and all promotions and Affiliate Programs (and will be in violation of this Agreement) if, at the sole discretion of the Promoter, the Affiliate’s marketing:
- contains unlawful material, including but not limited to materials that may violate another’s intellectual property rights, or links to a site that contains such material;
- contains information regarding, promotes or links to a site that provides information about or promotes illegal activity;
- promotes, depicts or links to material that promotes or depicts discrimination based on race, gender, religion, national origin, physical or mental disability, sexual orientation, or age;
- contains, promotes or links to sexually explicit or violent material;
- uses the Promoter’s banners, brand name, likeness, images, and videos, on their own websites, thus creating market and consumer confusion (which is usually referred to as copyright or trademark infringement, and is illegal). In short, you may not present our banners, images or videos as if they are your own on your own site’s or any other sites, as it may cause a customer to opt-in thinking they are signing up to receive our communications rather than yours. We firmly believe that if you wish to generate sales, it is in your best interest to establish your own identity, voice, brand and sites, and authentically promote our program(s) in your own way —not posing as its creators;
- is, for any other reason, deemed to be unsuitable by the Promoter;
- offers a cash incentive or discount on product(s) as a means of promotion;
- runs any paid ad with:
- the terms Willow,
- any of the URLs we own, and/or
- the name of any product offering Affiliate commissions.
Willow reserves the right to disqualify and revoke an Affiliate’s standing from any Affiliate Program, cancel pending commissions based on inappropriate behaviour or marketing by the Affiliate, and to amend this Promotion or Agreement at any time without notification to the Affiliate.
In short: please only use ethical, honest means to promote our product(s). Should a creative thunderbolt strike with an idea for using the Willow name, or any of our products in a unique way to promote our products or programs, please request written permission from hello@WillowEOL.com.
Affiliate links and any and all promotional materials necessary to promote and offer the Product to the Affiliate’s customers via the Affiliate’s Sites or emails, including but not limited to banners, graphics, or text ads are provided on the Affiliate site for all relevant products.
The Affiliate may ONLY utilize their unique link, provided by the Promoter, on the Affiliate’s own websites or emails. The Affiliate may NOT post their link on other websites that are not owned or maintained by the Affiliate or the Affiliate’s brand, with the exception of ads or social media placements. Spamming the internet with links outside of Affiliate’s direct email list, websites or social media pages will be considered a violation of this Agreement and result in a denial of all Affiliate benefits, prizes and commissions.
Links are intended to drive new customers to the Promotion. The Affiliate may not use unsolicited commercial email, spam, search engine spam, or other illegal or unethical means by which to generate referral commissions.
The Affiliate may not purchase the Product through their link for personal use and receive a commission on that sale.
Commissions are not paid on, and will not include, a single sale to the Affiliate themselves. In other words, the Affiliate cannot receive a commission by purchasing the product themselves, through their own link.
The Affiliate also may not purchase the Product through another person’s affiliate link.
All customer information collected during the Promotion shall be owned by the Promoter and it is at the sole discretion of the Promoter whether or not the customer information will be shared with the Affiliate.
The Willow team will monitor sales and the system closely to ensure everything is working properly. Therefore, all affiliate reporting that states who brought in each sale are final. If a sale does not show up in our system as your sale, you will not get credit for the sale.
In order to avoid a mistake of this nature, make sure you are absolutely clear in your promotional material, so that your customers use your special link to purchase.
Affiliate commissions are counted and numbers are deemed final at the sole discretion and decision of the Promoter. Promoter also reserves the right to change the dates of the commission payout.
Commission will be paid out to the Affiliate by the Promoter via Paypal once every month, on or before the 10th of the month. Affiliate commissions will not be paid based on any sales or amounts that are attributed to spam, credit card fraud, or returned Product. If a sale is canceled or refunded for any reason, any paid commission will be deducted from the amount owed to the Affiliate.
The Promoter is NOT responsible for the Affiliate using or maintaining their Affiliate links and only sales tracked through the Promoter’s system will count towards the Affiliate’s commissions. All sales and commission numbers are tallied by the Promoter and all final sales and commission numbers are at the sole discretion of the Promoter.
While the Promoter makes every reasonable effort to accurately track and pay commissions for all Affiliate sales, the Promoter is not responsible, nor under any circumstances will be held liable, for any technical difficulties, outside events, actions by other Affiliate, or other uncontrollable events that may disrupt or interfere with Promoter’s ability to track sales or pay commissions.
Under no circumstances will the Promoter be held liable for any incidental, indirect, or consequential damages, or any loss of revenue or profit that results from the Affiliate’s participation in this program.
The team at Willow works hard to ensure that we accurately represent our Affiliate Program and its earning potential. However, nothing on our Sites or in this agreement is a promise or guarantee of earnings. We cannot guarantee that you will get any results, or earn any money whatsoever. This is not a “get rich quick” scheme.
The Affiliate alone is responsible for their strategies, actions and results in life and business. Any forward-looking statements outlined on our sites or in our Promotions are simply our hopes or forecasts for future potential, and thus are not guarantees or promises for actual performance. These statements are simply our opinion.
Each Affiliate’s level of success in attaining results is dependent upon a number of factors including: business savvy, marketing knowledge, dedication, network, and subscriber list. Because these factors differ so widely according to individuals, we cannot guarantee any degree of success, income level, or ability to earn revenue.
As stipulated by Competition Bureau Canada, we make no guarantees that you will achieve any results from our ideas and we offer no professional legal or financial advice.
SPAM AND UNSOLICITED EMAIL WARNING
The Affiliate agrees to abide by Canada’s Anti-Spam Law (CASL).
Willow has a firm zero tolerance policy toward any Affiliate who spams any party or individual. As an Affiliate you are agreeing NOT to send any unsolicited email to any party in promotion of any of our products. Should an Affiliate be caught spamming, they will be removed from the Affiliate Program altogether, and any commissions or pending commissions will be canceled and/or forfeited.
Spam is defined as emailing or posting to anyone who has not requested information via email or a website. This also includes “spamming search engines” with links.
The Affiliate may not use ANY copyright, trademark, service mark, or general branding of the Promoter without full disclosure and permission of the Promoter.
Affiliate may not:
- a) frame the Affiliate’s website to look like the Promoter’s website or to utilize the Promoter’s branding in any way that would confuse customers or the general public as to who is hosting or promoting such a website;
- b) take any action that could reasonably cause any customer confusion as to Affiliate’s relationship with Promoter, or as to the site on which any functions or transactions (e.g., search, order, browse, and so on) are occurring;
- c) read, intercept, record, redirect, interpret, or fill in the contents of any electronic form or other materials submitted to Promoter by any person or entity;
- d) seek to purchase or register any domains or other identifiers that include variations on the trade or service marks or names of the Promoter intended to approximate misspellings or typographical mistakes of same or which otherwise would constitute typo or domain squatting, including variations thereof for use in any search engine, portal, sponsored advertising service or other search or referral service unless otherwise agreed to by the Promoter. Promoter may cancel the Affiliate participation in this program, withhold or cancel commissions, or take any other action at its sole discretion should the Affiliate carry out any of the behavior above or fail to operate with integrity or within the guidelines of Competition Bureau Canada;
- e) seek to purchase or register any keywords, search terms or other identifiers related to the trademarks of the Promoter or the trade or service marks or names of Promoter’s primary competitors, including misspellings or variations thereof for use in any search engine, portal, sponsored advertising service or other search or referral service unless otherwise agreed to by the Promoter.
RELATIONSHIP OF PARTIES
While we love our Affiliates, nothing in this Agreement shall be deemed to create a partnership, joint venture, agency relationship, or employment relationship between Willow and the Affiliate. Under no circumstances will the Promoter be held liable for any actions or results of the Affiliate.
The Affiliate is participating in the Affiliate Program as a fully independent entity and is responsible for any and all federal, provincial/state, local, and/or foreign income taxes and self-employment taxes, and any and all other federal, provincial/state, and local licenses, fees or taxes, or sales tax, including withholding taxes, social security taxes, and public liability and worker’s compensation insurance.
The Affiliate hereby agrees not to copy, alter, share, use, duplicate, distribute, or adapt any of the Promoter’s confidential information which is not directly provided or approved by the Promoter, or any confidential information – disclosed or otherwise – that comes into its possession under or in relation to this Agreement.
Confidential information includes, but is not limited to, the following types of private information and other proprietary information of a similar nature regarding the Promoter’s business:
Sales figures, software passwords, Promoter list size, list contents, ideas, stories, activities, curriculum, event format, presentation materials, presentation content, inventions, financial information, business plans, business processes, marketing plans, marketing strategies, marketing copy, financial projections, customer lists, customer financial information, personal information of executives, sponsorship strategies, relationships with other vendors, media delivery concepts and systems, including, but not limited to, web-based delivery systems, technical data, software designs, drawings, specifications, models, source code, object code, documentation, diagrams, flow charts, and other similar information that is proprietary and confidential information of the Promoter.
The Affiliate shall not disclose the terms of this Agreement to any third party other than to the Affiliate’s employees and agents who (a) have a need to have access to such information; or (b) agree in writing to comply with the confidentiality provisions of this Agreement.
This Agreement imposes no obligation of confidentiality on the Affiliate with regard to any portion of Promoter’s confidential information (a) that is part of the public domain at the time of disclosure; or (b) that becomes part of the public domain after the Promotion without any unauthorized act by or omission of the Affiliate; or (c) if Affiliate can demonstrate by written records that he/she had independently developed knowledge of such confidential information prior to the date of disclosure; or (d) if permission to use or disclose said confidential information is first obtained by Affiliate in writing from Promoter; or (e) if Affiliate is required by law, regulation, rule, act, or order of any court or other government authority or agency to disclose such confidential information.
In general, Affiliates may not disclose any financial, personal, or business information about the Promoter or its executives (including Founders, Reena Lazar and Michelle Pante) without permission from the Promoter. Such disclosure is grounds for legal action, equitable relief, and termination of this Agreement.
INDEMNIFICATION AND LIABILITY
The Affiliate agrees to indemnify and hold harmless Willow and the Promoter’s Founders, Reena Lazar and Michelle Pante, the individuals, from and against any and all losses, claims, damages, liabilities, costs, and expenses (including, but not limited to, reasonable attorney fees) which the Affiliate may be subject to or incur in connection with the Promotion to be rendered, except those claims that are judicially determined to have resulted from Promoter’s gross negligence or willful misconduct.
The relationship between the Parties may be terminated by either party on 30 days written notice prior to termination. Upon termination, it is understood that the Confidentiality and Indemnification clauses above will remain in effect for perpetuity.
If any provision or covenant, or part thereof, of this Agreement should be held by any court or other legitimate tribunal with appropriate jurisdiction to be invalid, illegal or unenforceable, either in whole or in part, such invalidity, illegality or unenforceability shall not affect the validity, legality or enforceability of the remaining provisions or covenants, or any part thereof, of this Agreement, all of which shall remain in full force and effect.
Reach out to us at hello@WillowEOL.com.
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