We LOVE our Partners, and we want you to succeed in our promotions. We also want to serve our clients with 100% integrity and compliance with all laws, including FTC guidelines. As a Partner we expect you to conduct yourself with professionalism and love your customers, which is why we’ve detailed these Terms and Conditions for you.
This information will also help you understand all of the prizes and payments associated with our promotions, but be sure to watch for additional information related to any of our specific promotions. Each promotion is unique and time-bound, so watch your email for full details related to each launch.
Please read this entire agreement before participating in our launches. It will help you!
Thanks for all your support!
By participating in the marketing launch (the “Promotion”) of any of our products or programs (the “Product”) conducted by WhollyART LLC (the “Promoter”) you (the “Partner”) agree to the following Terms and Conditions (the “Agreement”).
Partner must be 18 years or older to participate in Promotion. Promoter reserves the unconditional right to accept or deny any Partner who enters the Promotion on the Promoter’s website at http://www.whollyart.com/partner-program (the “Enrollment Site”) or who drives traffic to any of the Promoter’s marketing websites (the “Sites”).
Partner must be in good standing with the Federal Trade Commission (the “FTC”) and the Promoter, and in compliance with all FTC guidelines and the terms and conditions of this Agreement.
Partner agrees and understands that if its marketing, websites, emails or any other communications associated with or for this Promotion are deemed inappropriate that Partner will be deemed, at the sole discretion of the Promoter, ineligible to participate in the Promotions and disqualified from receiving any recognition, commissions, prizes or any other compensation or further communication from the Promoter.
Partner will be immediately removed from all Promotions and from Promoter’s Partner Program — resulting in a forfiture in all contests and commissions — and will be in violation of this Agreement IF its marketing for this Promotion or for its own sites:
a) contains, promotes or links to sexually explicit or violent material;
b) 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;
c) 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;
d) contains information regarding, promotes or links to a site that provides information or promotes illegal activity; or
e) uses Promoter’s videos, images, banners, likeness, or brand name in or on their websites, thus creating market and consumer confusion (which is illegal and generally referred to as copyright or trademark infringement). To be clear, you may not use our banners, images or videos, unless specifically supplied to you, as if they are your own on your own sites or any other sites, as it may cause a customer to opt-in thinking they are opting in to our communications rather than yours. Clearly, the best practice to generate sales is to establish your own brand, identity, and sites, then to authentically recommend our program, not pretend to be us.
(f) uses any “bots” or automated link generating, spamming, or social media spamming techniques to perpetuate their links automatically or anonymously. You should only participate in this competition by sending your link directly to your email list, your social media contacts, or through ads you have placed that comply with all the rules on this page.
(g) defames, slanders, or posts rude or inappropriate comments about Promotor or any public figure or member of the expert community. Any rude communication with Promotor’s staff also warrents termination of the Partner agreement and a forfeiture of all standings, prizes, and commissions.
(h) uses any of our brands in the root of a URL link. This means you cannot use, for example, “whollyart” or “elisha-elyssa” in your website domain before the (dot), like this: www.whollyart.com. However, this would be okay: www.YourSite.com/whollyart. So, to be clear, you cannot have any of our brand names, or any mis-spelling or alternative use/spelling of our brand names, before the (dot) in .com, .org, etc. Other examples:
NOT OK: www.whollyartreview.com
NOT OK. www.elishaelyssaart.com
(i) for any other reason that is deemed by us to be unsuitable by the Promoter.
Promoter reserves the right to disqualify Partners from our Partner program, cancel pending commissions based on inappropriate behavior or marketing by the Partner, and to amend this Promotion or Agreement at any time without notification to Partner.
SPAM AND UNSOLICITED EMAIL
Partner agrees NOT to send any unsolicited email to any party during the Promotion. Promoter has ZERO tolerance toward any Partner who spams any party or individual, period. If Partner is caught spamming by “bots” or automated or anonymous social media posting, they will be removed from the Promoter’s Partner Program, and their 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 any website, and also includes “spamming search engines” or social media with links. Partner agrees to abide by all Federal Trade Commission Guidelines and the U.S. Federal Can-SPAM Act.
We’ve taken every effort to ensure we accurately represent our Promotion and its potential to help you earn commissions, as described below. However, there is no guarantee that you will get any results or earn any money whatsoever during this Promotion, and we do not purport this as a “get rich scheme.” Nothing on our Sites or in this Promotion is a promise or guarantee of earnings. Your level of success in attaining results is dependent upon a number of factors including your skill, knowledge, ability, dedication, business savvy, network, list, and financial situation. Because these factors differ according to individuals, we cannot guarantee your success, income level, or ability to earn revenue. You alone are responsible for your actions and results in life and business. Any forward-looking statements outlined on our sites or in our Promotions are simply our expectations or forecasts for future potential, and thus are not guarantees or promises for actual performance. These statements are simply our opinion. As stipulated by FTC law, we make no guarantees that you will achieve any results from our ideas or Promotion and we offer no professional legal or financial advice.
Partner will receive the posted dollar amount of commission for every sale they refer during the Promotion Period only that is directly referred by the Partner to the Promoter’s Site through the Partner’s unique link or cookie. This ONLY includes sales that are driven from the Partner to the Promoter’s sales sites and as tracked through the Partner’s unique link provided by the Promoter or the cookie resulting from that link. This also ONLY includes sales that happen during our launches (ie. Promtional Period); once our cart is closed for that launch no more sales can come in and thus no more commissions can be earned on any sales outside of the launch. We only do launch-specific Partner promotions so please be sure to check and comply with the dates we are doing our launches.
Commissions are not paid on, and will not include, a single sale to the Partner themselves, meaning Partner cannot purchase the Product for their own use through their link and receive a commission on that sale. Partner commissions are counted and final numbers are deemed final at the sole discretion and decision of the Promoter.
Commission payments will be sent to Partner by the Promoter via Paypal once every 45 days following the Promotion Period until the Partner has been paid in full. This allows time for accounting after Promoter’s 30-day satisfaction guarantee policies. Because multiple monthly payments are allowed by customers who purchase the Product, Partner should expect to receive approximately 50% of each collected monthly payment every 45 days until the customer has paid the Promoter in full for the Product. If a sale is canceled or refunded for any reason, any paid commission will be deducted from the amount owed to the Partner and any subsequent payment. Partner commissions will not be paid based on any sales or amounts that are attributed to spam, credit card fraud, or returned Product. Promoter reserves the right to change the dates of the commission payout.
Afiliates must complete rhe W-9 and any tax information sent by the Promoter before receiving any commission payments.
Again, commissions are paid ONLY on the current promotion during the specified dates of the promotion. Any sales that Promoter makes to leads after the promotional period ends do not qualify for commissions. Please pay close attention to our listed promotional period for each launch. Also, note that we do not typically sell anything to leads from each launch until some time after the promotional period ends, which allows the lead enough time and content to decide if they want to be our customer – that’s why we only pay during the promotional period. No exceptions.
Promoter is NOT responsible for Partner using or maintaining their Partner links and only sales tracked through the Promoter’s system will count towards the Partners commissions. All sales and commission numbers are tallied by the Promoter and credit due to the Partner and all the final sales and commission numbers are at the sole discretion of the Promoter. Promoter makes every reasonable effort to accurately track and pay commissions for all sales that come from Partners, but it not responsible nor under any circumstances will be held liable for any technical difficulties, outside events, actions by other Partners, or other uncontrollable events that may disrupt or interfere with Promoter’s ability to do track sales or pay commissions. Under no circumstances will Promoter be held liable for any indirect, incidental, special or consequential damages or any loss of revenue or profits that result from Partner’s participation in this Promotion.
Partner will not receive any commission or revenue on clients driven to the Promotion or Promoter following the Promotion Period. Commissions are solely available for this Promotion under this Agreement.
Partner may not use ANY copyright, trademark, service mark, or general branding of the Promoter without full discloser and permission of the Promoter.
Partner may not: a) 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; b) take any action that could reasonably cause any customer confusion as to Partner’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) frame the Partner’s website to look like the Promoter’s website or to utilize the Promoter’s branding in anyway that would confuse customers or the general public as to who is hosting or promoting such a website; d) 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; e) 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; or f) spam automated or anonymous links to social media pages or search engines. Promoter may cancel the Partner’s participation in this Promotion, withhold or cancel commissions, or take any other action at its sole discretion should Partner conduct any of the behavior above or fail to operate with integrity or within the guidelines of the FTC.
All prizes associated with this Promotion will be distributed within 90 days of the Promotional Period at the sole discretion of the Promoter. Promoter will distribute final and full prize rules and releases to the winners of the prizes at the end of the Promotion. Promoter reserves the right to change prizes without notice.
All Partners who are in the top 10 for sales will be notified that they have won a prize within 10 days of the end of the Promotional Period, and may be responsible for any taxes associated with receiving a prize based on IRS guidelines and their local and state tax laws. Promoter will send a prize release to each applicable Partner winning a prize with further details and releases needed to accept the prize.
RELATIONSHIP OF PARTIES
Nothing in this Agreement shall be deemed to create a partnership, joint venture, agency relationship, or employment relationship between the Parties. Partner is participating in the Promotion as a fully independent entity and is responsible for any and all federal, state, local, and/or foreign income taxes and self-employment taxes, and any and all other federal, state, and local licensees, fees or taxes, or sales tax, including withholding taxes, social security taxes, and public liability and workman’s compensation insurance. Under no circumstances will Promoter be held liable for any actions or results of the Partner.
Partner hereby agrees not to share, use, copy, adapt, alter, distribute, duplicate, or part with possession of any of the Promoter’s confidential information which is not directly provided or approved by the Promoter, or any confidential information that is disclosed or otherwise 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, seminar 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 to and confidential information of the Promoter.
Partner shall not disclose his/her terms of this Agreement to any third party other than to the Partner’s employees and agents who (a) have a need to have access to such information (b) agree in writing to comply with the confidentiality provisions of this Agreement.
This Agreement imposes no obligation of confidentiality on Partner 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 Partner; or (c) if Partner 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 Partner in writing from Promoter; or (e) if Partner 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, Partner may not disclose any financial, personal, or business information about the Promoter or its executives (including Founders of WhollyART) without permission from the Promoter. Such disclosure is grounds for legal action, equitable relief, and termination of this Agreement.
INDEMNIFICATION AND LIABILITY
Partner agrees to indemnify and hold harmless the Promoter and the Promoter’s Founder, WhollyART, an individual, from and against any and all losses, claims, damages, liabilities, costs, and expenses (including, but not limited to, reasonable attorney fees) which Partner 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. Under no circumstances will Promoter or WhollyART or their assigns be held liable for Partner’s injury or death or any loss or damage of personal belongings or earnings resulting from its providing of the Promotion or from Partner’s participation in any of its promotions, galas, seminars or live events (“Events”) should the Partner attend them. Partner hereby accepts all risk to its health including injury or death that may result from participating in any Promoter Events and hereby releases Promoter, WhollyART, and their officers, employees, interns, Partners, sponsors and representatives from any and all liability to his or herself and their personal representatives, estate, heirs, next of kin, and assigns for any and all claims and causes of action for loss of or damage to Partner’s property and for any and all illness or injury to Partner’s person, including death, that may result from or occur during Partner’s participation at the Events, whether caused by negligence of the Promoter or its representatives. Partner acknowledges and agrees to be financially responsible for any medical or legal bills that may be incurred as a result of participation in the Promotion or Events including any financial loss or emergency medical treatment. Partner understands that Promoter does not give legal or financial advice and under no circumstances will be held liable for results related to the Promotion or Events
The relationship between the Parties may be terminated by immediately by either party. Upon termination, it is understood that the Confidentiality and Indemnification clauses above will remain in effect for perpetuity.
ENTIRE UNDERSTANDING AND DISPUTE
This Agreement constitutes the entire understanding of the Parties and may be modified only by the Promoter. This Agreement shall be construed and interpreted according to the laws of the State of Texas in the United States of America and shall be binding upon the parties hereto, their heirs, successors, assigns, and personal representatives; and references to the Promoter and to the Partner shall include their heirs, successors, assigns, and personal representatives. In the event of a dispute between the Parties regarding this Agreement, any such disputes, controversies and claims arising out of or relating to this Agreement, it shall be settled and determined by arbitration. The rules governing this arbitration shall be according to the American Arbitration Association (AAA) and any arbitration needed will be conducted in Dallas, Texas. The parties further agree that the arbitration shall be conducted before a three panel arbitration board wherein each party to this agreement selects one arbitrator and those selected arbitrators select a third arbitrator. The decision of the arbitration shall be final and each party agrees to be bound by the arbitration board.
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 un enforceability 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.
Promoter may be contacted at firstname.lastname@example.org or via its address:
PO Box 630052
Irving TX 75063