AFFILIATE TERMS & CONDITIONS
This contract is an Affiliate Agreement (hereinafter “Agreement”) used by Helen Davis, trading as One Step Forward (hereinafter “Company”) to allow parties to promote Company’s products/services/programs in exchange for an affiliate commission on accredited sales. This Agreement is between Company and the party agreeing to the terms and conditions in order to promote on behalf of Company (hereinafter “Affiliate”). Collectively Company and Affiliate will be referred to as the “Parties”. The Parties agree to the terms set forth below.
Promotion
Affiliate may promote Company’s programs however they see fit provided they do so within any parameters set by Company either in this Agreement or within any of promotion resources provided to Affiliate.
Affiliate also agrees to promote the programs with integrity and to not make any misleading statements to induce sales or otherwise violate any laws within Affiliate’s jurisdiction.
Affiliate links
Company will provide Affiliate with a unique tracking link to promote Company’s programs. Affiliate links are generated & tracked by Company’s marketing system; ThriveCart. You can read ThriveCart’s privacy policy here.
Cookies generated by your affiliate link last for 30 days and work on a last-click basis.
Affiliate agrees to ALWAYS disclose their affiliate links when sharing to be in line with European consumer law and FTC guidelines. It is Affiliate’s responsibility to ensure their disclosures are in line with the requirements & laws of their jurisdiction. For more support on affiliate disclosures, we recommend this article from BrilliantAffiliate.
Compensation
Company will pay Affiliate a referral bonus (hereinafter “Commission”) for each sale affiliated with Affiliate’s unique link.
Tracking of these sales is automatically done by Company’s marketing system; ThriveCart. Affiliate understands they will be paid only for sales tracked through Company’s systems and associated with Affiliate’s link.
Affiliate will be able to see descriptions of each sale (including total revenue, subscription info, and payment date) in ThriveCart as well as customer’s names and email addresses. Company is not required to provide any further customer information to Affiliate without customer consent.
Affiliate will earn:
- A one-time Commission of 30% of the gross revenue for each sale of Introduction to Bones for Life Online Course OR Introduction Course + Annual Membership Bundle (hereinafter “Program” or “Programs”)
- Commissions are not recurring and will not be awarded for bump purchase(s) or subsequent upgrades, upsells or renewals by the same customer
Affiliate understands that Company may update this commission structure at any time, with written notice to Affiliate, and that Commissions earned after such updates will be at those updated percentages.
Refund period
Company provides a designated refund period for their customers whereby customers may request a refund during a set period of time for specific reasons. Affiliate is not entitled to Commissions on and refunded sales. For this reason, Company will make affiliate payments after the refund period/s expire.
Chargebacks
Affiliate further agrees that Company shall have the right to collect back from Affiliate any Commissions paid to Affiliate that were refunded due to chargebacks or any extenuating circumstances causing a refund.
Payouts
Company will send Commissions via PayPal on, or around 30 days after the sale was completed.
If Affiliate earns a commission on a Product with an instalment agreement or payment plan, Company will send Affiliate’s Commissions in instalments proportional to the payment plan chosen by Company’s customer. For example, if Affiliate earns a 30% commission on a £150 sale where the customer agrees to pay in three equal instalments, Affiliate will receive their £45 Commission in three equal instalments of £15. Company, may, at their sole discretion, instead choose to pay the Commission in one lump sum.
Affiliate is responsible for monitoring any and all commission account(s) for any discrepancies it feels has occurred and reporting any such discrepancy in a timely manner to Company.
Promotion materials
Company may provide to Affiliate graphics, email, web, or social copy, and other templates (hereinafter “Materials”) for Affiliate to use in the promotion of the Programs.
The Materials may include design elements proprietary to Company. Company grants Affiliate a revocable, non-exclusive license to use the Materials solely in relation to their efforts promoting the Program under this Agreement.
Costs
The Parties shall be responsible for bearing the expenses arising out of or related to their duties for the Affiliate Program purpose unless otherwise specified in this Agreement.
Cancellation
Company may cancel this Agreement at any time. Company will remove any affiliate links, and Affiliate agrees to cease any further promotion or use of the Materials.
Confidentiality
The Parties may, at times, disclose certain information as a result of their participation in the Affiliate Program. The Parties shall collectively and individually keep all trade secrets, discussions and other privileged information within the course of maintaining and promoting anything of or related to the purpose of the Affiliate Program, their individual businesses, or this Agreement confidential. Information is privileged when it would otherwise materially harm either of the Parties in their individual businesses, or describe information that is not public nor ever intended to be public.
Confidential information does not include any previously known information prior to entering this Agreement, any information publicly disclosed (other than by disclosing Party or related parties), or any information that is required to be disclosed by law, order of a court or other judicial or administrative body.
If a breach of confidentiality occurs accidentally or willfully, the non-breaching party is entitled to any actual damages and/or an injunction as a result of the breach.
Force majeure
Neither party shall be held liable or responsible to the other party nor be deemed to have defaulted under or breached this Agreement for failure or delay in fulfilling or performing any obligation under this Agreement when such failure or delay is caused by or results from causes beyond the reasonable control of the affected party, including but not limited to pandemic or widespread outbreak of infectious diseases, government shutdown, fire, floods, exceptionally severe weather, embargoes, explosions, war, acts of war, insurrections, riots, strikes, lockouts or other labour disturbances, loss of or problems with telecommunications, utility services or other third party services, and hostile network attacks, or acts of God; provided, however, that the party so affected shall use reasonable commercial efforts to avoid or remove such causes of nonperformance, and shall continue performance hereunder with reasonable dispatch whenever such causes are removed. Either party shall provide the other party with prompt written notice of any delay or failure to perform that occurs by reason of force majeure.
Independent contractor
Nothing in this Agreement shall be construed to create a partnership, joint venture, employment, or agency relationship. Affiliate understands that they are an independent contractor, and that they are responsible for their own taxes on any Commissions.
Severability
If any provision of this Contract shall be declared invalid or unenforceable, such provision shall be deemed eliminated from this Contract, and all remaining provisions shall continue in full force and effect.
Liability
Affiliate agrees to absolve Company of any and all liability or loss any person may suffer or incur as a result of their participation in the affiliate program. Affiliate agrees that Company shall not be liable to you for any type of damages, including direct, indirect, special, incidental, equitable, or consequential loss or damages for use of the Program.
Assignment
Affiliate may not assign this Agreement without express written consent of Company.
Modification
Company may modify terms of this agreement at any time. Company will notify Affiliate by email when Company makes modifications.
Indemnification
Affiliate agrees to indemnify, defend, and hold harmless the Company, its officers, directors, employees, agents, and third parties for any losses, costs, liabilities, and expenses (including reasonable legal fees) relating to or arising out of Affiliate’s promotion and participation as an affiliate and related services, or violation of any terms of this Agreement, or any violation of any applicable laws, rules or regulations.
Dispute resolution
Affiliate expressly waives any and all claims, now or in the future, arising out of or relating to this Agreement. To the extent Affiliate attempts to assert any such claim, Affiliate hereby expressly agrees to present such claim only in the small claims courts in England.
Waiver
No waiver of any default by any party or parties to this Agreement shall be implied from any omission by a party or parties to any action on account of such default. If such default persists or is repeated, no express waiver shall affect any default other than the default specified in the express waiver, and that only for the time and to the extent therein stated.
Article headings
All article, paragraph, and section headings set forth in the Agreement are intended for convenience only and shall not control or affect the meaning, construction, or effect of this Agreement or any of the provisions thereof.
Sole and only agreement
This Contract contains the entire understanding between the parties with respect to the subject matter and supersedes any and all other prior written Contracts and understandings (whether oral or written) between the parties. No amendment or modification of this Contract shall be effective unless executed in writing by both parties.
This agreement was last updated on 1 November 2024.