AFFILIATE TERMS AND CONDITIONS
Thank you for your consideration in joining the Dale Halaway Partner Program. Our partners are very important to us. This agreement has been designed with you in mind, and to protect you as the affiliate, us and our customers. Please read it thoroughly. By completing this application, you are agreeing to the terms outlined in this document.
You are helping us, just as we are helping you in building a more vibrant, secure and radiant business. Here are some requirements, tips and topics that will help ensure our success together!
If you have any questions, please contact us at: [email protected]
This affiliate agreement (“Agreement”) is between you (“Affiliate”) and Seminars That Inspire, LLC/DBA, Dale Halaway, governing the terms of your participation in the Seminars That Inspire, LLC/DBA, Dale Halaway Affiliate Program (“Affiliate Program”).
By enrolling as an Affiliate, Affiliate hereby accepts the terms of this Agreement, and/or by continuing to participate in the Affiliate Program following a notice by Seminars That Inspire, LLC/DBA, Dale Halaway of a change in a revised Agreement, via email, Affiliate agrees to be bound by this Agreement and any such noticed revisions.
Seminars That Inspire, LLC/DBA, Dale Halaway is a transformational training company. Affiliate wishes to refer leads to Seminars That Inspire, LLC/DBA, Dale Halaway in exchange for an affiliate commission, as described below.
Affiliate and Seminars That Inspire, LLC/DBA, Dale Halaway agree as follows:
Referrals. “Referrals” is defined as any leads who have been referred by Affiliate to Seminars That Inspire, LLC/DBA, Dale Halaway using the Affiliate’s unique affiliate tracking link (“Tracking Link”). The Tracking Link will be provided by Seminars That Inspire, LLC/DBA, Dale Halaway. The Tracking Links are first-click credit, and the cookies created by the Tracking Links have NO expiration.
Affiliates may NOT make any purchases using their own Tracking Link. Any potential referrals who did not use the Tracking Link cannot be subsequently credited to Affiliate’s account. Also, potential referrals who choose to clear their cookies or purchase from a different computer than the one they used the tracking link on cannot be credited to the Affiliates account.
Affiliate agrees that they will not promote any Seminars That Inspire, LLC/DBA, Dale Halaway programs or use a Tracking Link in a way or on a site that: contains sexually explicit materials, contains violent materials, contains defamatory materials, promotes discrimination, promotes illegal activities, directed toward children under age 13, violates the CAN-SPAM Act, violates the guidelines or regulations of the Federal Trade Commission, violates rights to publicity, violates rights to privacy, or violates intellectual property rights.
All paid advertising must adhere to our terms and conditions as outlined in this document such as making false claims and using the approved marketing materials as provided in the affiliate center.
DOMAIN NAME AND SOCIAL MEDIA PAGE NAME USAGE
While Affiliates are encouraged to use the Dale Halaway name and refer to his work, products and website, Seminars That Inspire, LLC/DBA, Dale Halaway does NOT allow the use of domain names or social media page names with the Dale Halaway and/or product and seminar name(s) included, or other trademarked terms belonging to Dale Halaway. Examples are dalehalawayextras.com, or dalehalawaybonus.com
OFFERING BONUS ITEMS AS INCENTIVES
While the company does NOT require the affiliate to offer bonuses as incentives, if the affiliate chooses to offer bonuses, the Affiliate is 100% responsible for honoring the bonuses and incentives they are offering. Failure to honor such offerings could be grounds for immediate removal from this affiliate program.
Affiliate Commissions for purchases on payment plans or recurring payment programs will be disbursed AFTER the 30 day money back guarantee period. Seminars That Inspire, LLC/DBA, Dale Halaway agrees to pay Affiliate any accrued Affiliate Commissions on a monthly basis, payable on the LAST day of the month for all commissionable sales through the last day of the prior month. Payment shall be made via PayPal.
Affiliates are paid 20% on all commissionable products with an additional performance bonus of 2% added for all sales in that calendar month when an affiliate refers 10 or more sales in that month. This is done on a month by month basis.
Commission payouts must be over $100 for a payout to be given that month, otherwise commissions will be rolled over monthly until they surpass the $100 mark.
When affiliate commissions reach $500, all affiliates are required to send in their W-9 form.
Commissionable VS. Non-commissionable events
Some of the events and seminars in the Dale Halaway and Sage Teachings That Inspire line up are not commissionable. Affiliates will be alerted to upcoming events that ARE commissionable.
Commissionable products and events:
Online courses, video and audio programs, Live and online seminars for the paid general public (4 day or less).
Coaching school, continuing education courses, master quest trainings, core power trainings, company sponsored partnership programs, business coaching, strategic planning, private client intensives, keynote speaking.
TERM OF AGREEMENT
This Agreement shall commence on the date of enrollment and shall continue until the Agreement is terminated by either party, for any reason, with or without cause, via a written notice. Upon termination, Seminars That Inspire, LLC/DBA, Dale Halaway will continue to pay Affiliate Commissions for any Referrals that were referred by Affiliate to Seminars That Inspire, LLC/DBA, Dale Halaway before the effective date of termination.
At any time, Affiliate may access the Seminars That Inspire, LLC/DBA, Dale Halaway online affiliate system to run an accounting report of the number of Referrals, the Referral Fees paid, and any Affiliate Commissions due.
INDEPENDENT CONTRACTOR STATUS
Affiliate is an independent contractor, and is not an employee of Seminars That Inspire, LLC/DBA, Dale Halaway. Affiliate is not entitled to workers’ compensation benefits or unemployment benefits, and is obligated to pay federal, state, or local income tax on any moneys earned pursuant to this Agreement or any other agreement between the parties, if any such taxes are required. Affiliate will maintain workers’ compensation insurance, if required. Affiliate will indemnify and hold Seminars That Inspire, LLC/DBA, Dale Halaway harmless for penalties arising from Affiliate’s failure to pay taxes on behalf of or wages to any person.
NOT A PARTNERSHIP
The parties are not engaged in a partnership/ownership. Nothing in this agreement shall be construed to place the parties in a partnership. The parties are not authorized to obligate or bind each other, and are not agents of each other.
Affiliate may not make any statement that implies a partnership, agency, franchise, sales representative, or employment relationship between Affiliate and Seminars That Inspire, LLC/DBA, Dale Halaway. Affiliate may not make any statement that implies that Seminars That Inspire, LLC/DBA, Dale Halaway is endorsing Affiliate. Affiliate must disclose their affiliate relationship with Seminars That Inspire, LLC/DBA, Dale Halaway to the extent required by the guidelines and regulations of the Federal Trade Commission.
SUBSTANTIATED CLAIM VS. FALSE CLAIM
The goal of Seminars That Inspire, LLC/DBA, Dale Halaway/Dale Halaway is to maintain the integrity and authenticity of this product line. We know how much these products can help people and there is no need to oversell anything or make unsubstantiated claims. Remember that false claims should NOT be made when promoting the products or the affiliate program. Making false claims is grounds for removal from the affiliate program.
When promoting products be sure to use a language that is not overselling what this program can do for someone such as, “you’ll double your income after you take this money class”
You could share an example such as “Jack tripled his income within 30 days following the money class” and could add a link to Jack’s testimonial. Using an example of someone’s success is far different from guaranteeing that will happen to everyone. When making such a claim, use the following: * DISCLAIMER: Results are individual experiences and vary from person to person.
Use our testimonial archives! We have many testimonials that you can choose from in which we have real people with real life results that can sell these products for you with no need for deception or for misleading the consumer.
Create your own custom testimonials! Feel free to follow our guidelines to create your own testimonials from customers you have that have experienced real life results. Be sure to send your testimonials in to us for approval before using them. We want to maintain a level of quality control. If you have need advice on creating your own testimonials, we are here for you! Just reach out to us with any questions you have on creating your own custom testimonials.
We want you to have custom testimonials and know the value it could bring to you in building a healthier and more solid business by having ones that are specific to your experiences.
Legal Note: All custom (video, audio or written) testimonials with claims must go through a legal review and be approved by our Compliance Department.
There is no guarantee that can be given for what an affiliate could make financially within this program. Each individual’s performance, time and marketing ability will vary and therefore there is no way to determine what someone’s income will be. Do not lead them to believe they can quit their current job and be making substantial income in a short period of time.
30 DAY MONEY BACK GUARANTEE
All of our products and programs come with a 30 day money back guarantee. Send us written notification via email to [email protected] and we will submit your refund within 15 days of receipt of your email, no questions asked.
Affiliate represents and warranties that it will not engage in any violations of the CAN-SPAM Act or any other laws, rules, or regulations, in promotion of any Seminars That Inspire, LLC/DBA, Dale Halaway programs or its activities pursuant to this Agreement. Affiliate represents and warrants that it will only engage in promotional activities that are commercially reasonable, are not in violation of the terms of service of any service or website being used, and are not misleading to any party.
Affiliate warrants that any promotional activities will not infringe upon the copyright, trademark, trade secret, publicity rights, privacy rights, trademarks, or other interests of any other person or property. Seminars That Inspire, LLC/DBA, Dale Halaway expressly disclaims any warranties, guarantees, or conditions of any kind.
Affiliate agrees to indemnify Seminars That Inspire, LLC/DBA, Dale Halaway against all claims and damages arising out of the breach or alleged breach of any representations, warranties, or agreements made by it under this Agreement.
To the extent allowed by law, under this Agreement, Seminars That Inspire, LLC/DBA, Dale Halaway will not be liable for indirect, special, incidental, punitive, exemplary or consequential damages, regardless of legal theory, whether or not it has been warned of such damages, and even if all other remedies would fail.
Affiliate has a limited, revocable, non-transferable, non-sublicenseable, non-exclusive, worldwide, royalty-free license to use and display certain trademarked and copyrighted works regarding the Seminars That Inspire, LLC/DBA, Dale Halaway programs, including graphics, photography, and writings, only as contained in the affiliate resources provided by Seminars That Inspire, LLC/DBA, Dale Halaway (“Affiliate Resources”), only for the purpose of promoting the Seminars That Inspire, LLC/DBA, Dale Halaway programs.
This license does NOT include a license to alter, add to, subtract from, or otherwise modify such Affiliate Resources, except at the express written permission of Seminars That Inspire, LLC/DBA, Dale Halaway. This license expires immediately upon termination of this Agreement. Affiliate does not receive any ownership rights or any other interests in Seminars That Inspire, LLC/DBA, Dale Halaway, in the various programs offered for sale by Seminars That Inspire, LLC/DBA, Dale Halaway, or in the Affiliate Resources, excepted as expressly described in this section.
Contact Information and Notice.
Affiliate must have a PayPal account, and has the duty to keep their email address (including their PayPal email), tax number, name, business entity, and any other contact information, complete, accurate, and up-to-date at all times. Affiliate hereby agrees that any written notice under this Agreement may be sent to Affiliate via the email address provided by Affiliate.
None of the terms of this Agreement can be waived or modified except by Seminars That Inspire, LLC/DBA, Dale Halaway and the Company will notify affiliates of any and all changes to this Agreement.
This Agreement constitutes the entire agreement between the parties and supersedes all prior or contemporaneous written or oral agreements between them or any of their affiliates, with respect to the subject matter contained herein.
Affiliate may not assign this Agreement to any other party without Seminars That Inspire, LLC/DBA, Dale Halaway’s written consent.
Choice of Law and Venue
This Agreement shall be governed by, and construed in accordance with, the laws of the State of Nevada. Any and all disputes, controversies, claims, or differences arising out of, relating to, or having any connection with this Agreement, shall exclusively be brought and heard in the county of Las Vegas, in the State of Nevada.
If any provision of this Agreement is held to be invalid, illegal, or unenforceable, the validity, legality, or enforceability of the remainder of this Agreement shall not in any way be affected or impaired.
Corporate Authority and Acknowledgement
The persons executing this Agreement on behalf of the Affiliate warrant that they are duly authorized to execute this Agreement on behalf of the Affiliate and that in so executing this Agreement the Affiliate is formally bound to the provisions of this Agreement. The Affiliate agrees that it has had an opportunity to review this Agreement in full, and that checking the box below constitutes valid acknowledgement of this Agreement.
This agreement has been designed to protect you as the affiliate, us AND our customers. We are all in this together and in completing this application, you are agreeing to these terms. Affiliates who break the terms of this agreement will be suspended from the program.
Thanks again for joining the Dale Halaway Partner Program!
Affiliate Manager for Dale Halaway