The Money School™ Affiliate Agreement
As a The Money School™ Affiliate, you have the opportunity to earn money from (i) commissions for The Money School™ products/services that you sell to other people. This agreement sets forth your rights and obligations as a The Money School™ Affiliate. By clicking “I Agree” you indicate that you have read and understood this agreement and you will be bound by its terms.
1. PARTIES. All references to “The Money School™” herein mean and refer to The Money School™, doing business as The Money School™ , and The Money School™’s owner(s), parent company(ies), affiliate entities, and employees, and assigns. All references to “You” and “Your” mean and refer to that The Money School™ Affiliate who has executed this Agreement by clicking “I Agree.” The Money School™ and You are each referred to herein as a “Party,” and collectively as the “Parties.”
2. INDEPENDENT CONTRACTOR. You are an independent contractor of The Money School™. It is the express understanding and intention of the Parties that no relationship of master and servant or principal and agent shall exist between The Money School™ and You by virtue of this Affiliate Agreement.
3. TERM AND TERMINATION. Your contract with The Money School™ begins when You click “I Agree,” and will continue month-to-month until either:
A. The Money School™ cancels Your account due to Your breach of any of the terms of this Agreement. In the event this Agreement is cancelled due to Your breach, You forfeit all Commissions and Bonuses owed to You or that may in the future be owed to You.
B. The Money School™ or its successors or assigns, in its sole and absolute discretion, cancels Your Affiliate Agreement. In the event that The Money School™ or its successors or assigns cancels Your Affiliate Agreements, You will first receive thirty (30) days’ written notice, sent to the e-mail address you provided The Money School™ click and that is associated with your Affiliate profile.
A. COMMISSIONS. After You click “I Agree” to the terms of this Agreement, You will receive a unique Affiliate URL, which You will use to advertise The Money School™. When another person (a “Prospect”) clicks through that URL, a cookie (or similar tracking technology (hereinafter “Cookie”)) will be set in the Prospect’s browser. When the Prospect creates a The Money School™ account by using Your Affiliate Link, the Cookie on the Prospect’s browser, corresponding to Your unique URL, registers a “Sale,” and each such account is a “Sold Account.” In the event that a Prospect has multiple Affiliate Cookies, the most recently-acquired Cookie will determine which Affiliate is credited with a Sale. You will be paid a commission for each Sold Membership. The Commission amount is 20%* of all fees received by The Money School™ for a Sold Membership. Commission payments will be made to You on or before forty-five (45) days following The Money School™’s receipt of payment for a Sold Membership, subject to the other terms set forth herein.
B. TAXES. Before You can be paid any Commission or Bonuses, You must provide The Money School™ a completed W-8 or W-9, as instructed by The Money School™. You will be deemed to have permanently waived all rights to Commissions or Bonuses that were earned more than 120 days before submitting a completed W-8 or W-9 to The Money School™. You are responsible for any and all tax liabilities, including without limitation income tax liabilities that arise from or in any way relate to any commissions or bonuses You receive from The Money School™. If You are not a resident of the United States, The Money School™ may withhold tax (including without limitation VAT) where required to by applicable law. Where The Money School™ is required to withhold tax, The Money School™ will document such withholding.
C. MINIMUM COMMISSION AND BONUS PAYMENT. Your combined commission and bonus amount must equal or exceed One Hundred and 00/100 Dollars ($100.00) before You receive a payment from The Money School™. If Your combined commissions and bonuses for a given month are less than $100.00, Your commissions and bonuses will be held until Your combined commissions and bonuses equals or exceeds $100.00.
D. COMMISSION AND BONUSES PAID FOLLOWING LEGITIMATE SALE. Commissions and Bonuses are paid only for transactions that actually occur between The Money School™ and a Sale or a Legacy Sale. If the transaction does not actually occur, or if payment from a Sale or Legacy Sale is not actually received by The Money School™, You will not paid a Commission or Bonus on the transaction. If payment for a Sold Account or a Legacy Account later results in a refund or charge-back, and if a commission or bonus was paid to You for that Sold Account or Legacy Account payment, then the commission or bonus will be deducted from Your future commissions. If The Money School™ determines, in its reasonable discretion, that any Sale or Legacy Sale was procured fraudulently or as a result of any violation of this Agreement, no Commission or Bonus will be paid for such Sale or Legacy Sale. If any Commissions or Bonuses are paid for a Sale or Legacy Sale that was produced fraudulently or as a result of any violation of this Agreement, and the fraud or violation is discovered by The Money School™ after payment, such payment amounts shall be deducted from Your future commissions and bonuses.
E. U.S. DOLLARS. PAYMENT PROCESSING FEES. All commissions are paid in US Dollars. Depending on what payment processor or payment method you instruct us to use, processing fees may be deducted from Your Commissions payment.
5. MARKETING AND RECRUITING.
A. TRUTHFUL & APPROVED. Anything You communicate in marketing or advertising any The Money School™ service or opportunity must be true and accurate. Anything outside of what The Money School™ provides, must be pre-approved by sending it to email@example.com / The Money School™. Claims that relate to any The Money School™ service or opportunity that are untrue or fraudulent are strictly prohibited. You may not claim that any government, person, or entity endorses or supports The Money School™ . You may not use the intellectual property of any other person or entity in advertising any The Money School™ service or opportunity.
B. DISCLAIMER. On any website that you advertise any The Money School™ service or opportunity, You must plainly display (i.e., not in a link, or in small font) the following disclaimer language:
Disclosure: I am an independent The Money School™ Affiliate, not an employee. I receive referral payments from The Money School™. The opinions expressed here are my own and are not official statements of The Money School™ or its parent company, The Money School™.
C. NON-DISPARAGEMENT. You are not permitted to disparage the products of services of any other person or entity, including without limitation the products or services of a competitor of The Money School™.
D. INVENTORY LOADING/REBATES. You will not be paid any Commission or Bonus for payments made on your own User Account(s). You are not permitted to open a The Money School™ account under the name of another person or entity, or under a fictitious name. You are not permitted to open a The Money School™ account under any name merely for the purpose of obtaining Commissions, Bonuses, or any other compensation, including without limitation incentives or prizes which may be offered from time to time. You may not pay for another person’s account. You are not permitted to offer cash rebates or other monetary incentives to actual or potential Sales or Legacy Sales. Violation of this paragraph shall constitute a material breach of this Agreement, and You agree to repay to The Money School™ all Commissions and Bonuses earned as a result of any such violation.
E. INCOME CLAIMS. If Your recruiting efforts include claims related to the potential income a The Money School™ Affiliate can make, or if You make reference to income You have made, or if You make reference to any lifestyle opportunities You have because of The Money School™, the following guidelines must be adhered to:
1. Your statements must be completely true and accurate and supported by evidence2. Your must prove any claim you want to use (both income and lifestyle) to
The Money School™ before using. Send all documentation supporting the claim to firstname.lastname@example.org / The Money School™
3. If You use a hypothetical scenario, You must clearly label it as a hypothetical scenario;
4. Your statements must be accompanied by the The Money School™ Income Disclosure
F. Complaint. All types of marketing must fall inside federal or state laws, rules and regulations of any govermental authorities.6. The Money School™’s INTELLECTUAL PROPERTY. No logo, tagline, trademark, trade name, copyrighted material, patent, trade dress, trade secret, or confidential information (collectively, the “The Money School™ Intellectual Property”) owned by The Money School™ may be used, copied, or reproduced by You except as set forth below. No The Money School™ Intellectual Property (or any mark confusingly similar to any The Money School™ Intellectual Property) is to be advertised for sale or registered as a domain name by You in any fashion.
You may use the The Money School™ TM mark to advertise The Money School™. Any time You use the The Money School™ TM, you must do so in a way that is not likely to confuse readers or cause them to think that you are speaking for The Money School™. Whether your use of The Money School™ TM is confusing will be determined by The Money School™ in The Money School™’s sole and absolute discretion. The following guidelines, which may be changed or added to at any time, are designed to help avoid reader confusion:
– You must not use the “voice” of, or purport to speak on behalf of The Money School™. (You can’t say you “Work for The Money School™” or “I talked to Chris and hetold me I could do this.”
– Any time You use the word “The Money School™” it must be immediately followed by the letters “TM” in superscript caps.
– When used in prose,The Money School™ TM must be used in the same font as the rest of the prose.
– When used other than in prose, The Money School™ TM must be used in the font employed by The Money School™’s corporate marketing in The Money School™’s corporate logo.
– On any website or social media platform on which You use the word The Money School™ TM, you must include the disclosure identified in paragraph 5(B) above.
– You may use only such other images, photographs, and trademarks as The Money School™ expressly authorizes in writing.
– If you have any questions regarding your use of any The Money School™ mark, please contact: The Money School™
7. RELEASE/AUTHORIZATION TO USE PHOTOGRAPHS. You grant The Money School™ permission to use any and all photographs taken by The Money School™ or its agents or employees, or submitted by You to The Money School™ (hereinafter “Photographs”) in any Media (including print, internet, film, television and no matter how distributed or published) for any purpose, which may include, but shall not be limited to, advertising, promotion, marketing and packaging of The Money School™ or any product or service sold and marketed by The Money School™ . You agree that this authorization to use Photographs may be assigned by The Money School™ to any other party. You agree that that the Photographs may be combined with other Photographs, sounds, text and graphics, and that the Photographs may be manipulated, cropped, altered or modified in The Money School™’s sole discretion. You agree not to charge a royalty or fee, and not to make any other monetary assessment against The Money School™ in exchange for this Release and Assignment. You hereby release and forever discharge The Money School™ from any and all liability and from any damages You may suffer as a result of the use of the Photographs. You further acknowledge and agree that this Release is binding upon Your heirs and assigns. You agree that this Release is irrevocable.
8. PROHIBITED ACTIVITY. The Money School™ has the right to terminate this Agreement at any time if You engage or have ever engaged in any of the following:
A. HARMFUL ACTS. Any dishonest or unethical business practice; any violation of the law; infliction of harm to The Money School™ reputation; and the violation of the rights of The Money School™ or any third party.
B. “SPAMMING” AND UNSOLICITED COMMUNICATIONS. Any communications sent or authorized by You reasonably deemed “spamming,” or any other unsolicited solicitations (including without limitation postings on social media or third party blogs) will be deemed a material threat to The Money School™’s reputation and to the rights of third parties. It is Your obligation, exclusively, to ensure that all business communications comply with state and local anti-spamming or analogous laws.
– Please make sure your review/bonus site does not accidently (or purposely) represent as us in any way – so using our logo on your page is probably fine, but in your header you may not use our likeliness.
C. OFFENSIVE COMMUNICATIONS. Any communication sent, posted, or authorized by You, including without limitation postings on any website operated by You, or social media or blog, which are: sexually explicit, obscene, or pornographic; offensive, profane, hateful, threatening, harmful, defamatory, libelous, harassing, or discriminatory; graphically violent; solicitous of unlawful behavior; or that violates the intellectual property rights of another.
9. INDEMNITY. You agree to protect, defend, indemnify and hold harmless The Money School™ , its officers, directors, employees, owner(s), and parent company(ies) and assigns from and against all claims, demands, and causes of action of every kind and character without limit arising out of the Your conduct. Your indemnity obligation includes, but is not limited to, any third party claim against The Money School™ for liability for payments for, damages caused by, or other liability relating to, You.
10. NO WARRANTY; NO LEADS. The Money School™ does not promise, guarantee or warrant Your business success, income, or sales. You understand and acknowledge that The Money School™ will not at any time provide sales leads or referrals to You. Additionally, The Money School™’s WEBSITES AND SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF TITLE, MERCHANT ABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON INFRINGEMENT. The Money School™ MAKES NO REPRESENTATION OR WARRANTY AS TO THE ACCURACY, RELIABILITY, TIMELINESS OR COMPLETENESS OF ANY MATERIAL ON OR ACCESSIBLE THROUGH ANY The Money School™ WEBSITE OR SERVICE. ANY RELIANCE ON OR USE OF SUCH MATERIALS SHALL BE AT YOUR SOLE RISK. The Money School™ MAKES NO REPRESENTATION OR WARRANTY (A) THAT ANY The Money School™ WEBSITE OR SERVICE WILL BE AVAILABLE ON A TIMELY BASIS, OR THAT ACCESS TO ANY The Money School™ WEBSITE OR SERVICE WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE; (B) THAT DEFECTS OR ERRORS WILL BE CORRECTED; OR (C) THAT ANY The Money School™’s WEBSITE OR THE SERVERS OR NETWORKS THROUGH WHICH ANY The Money School™’s WEBSITE IS MADE AVAILABLE ARE SECURE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
11. LIMITATION OF LIABILITY. YOU AGREE THAT IN NO EVENT SHALL The Money School™’s LIABILITY TO YOU FOR ANY CLAIM OF ANY KIND OR DESCRIPTION EXCEED THE AMOUNT OF THREE (3) TIMES THE COMMISSIONS AND BONUS PAYMENTS PAID TO YOU FOR THE MONTH PRECEDING THE DATE IN WHICH THE FACTS GIVING RISE TO A CLAIM AGAINST The Money School™ OCCURRED. YOU WAIVE ANY RIGHT TO SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND OR DESCRIPTION.
12. FORCE MAJEURE. The Money School™ will not be responsible to You for any delay, damage, or failure caused by or occasioned by a Force Majeure Event. As used in this Agreement, “Force Majeure Event” shall mean: any act of God, act of nature or the elements, terrorism, insurrection, revolution or civil strife, piracy, civil war or hostile action, labor strikes, acts of public enemies, federal or state laws, rules and regulations of any governmental authorities having jurisdiction over the premises, inability to procure material, equipment, or necessary labor in the open market, acute and unusual labor, material, or equipment shortages, or any other causes beyond the control of The Money School™. Delays due to any of the above causes shall not be deemed to be a breach of or failure to perform under this Agreement. The Money School™ shall not be required against its will to adjust any labor or other similar dispute except in accordance with applicable law.
13. ASSIGNMENT. The Money School™ may assign its rights under this Agreement at any time, without notice to You. Your rights arising under this Agreement cannot be assigned by without The Money School™ or its assigns express written consent.
14. ARBITRATION, GOVERNING LAW, AND ATTORNEYS’ FEES.
A. ARBITRATION. Any claim or grievance of any kind, nature or description that You have against The Money School™ including, but not limited to, economic losses, personal injury, or property damage, shall be resolved exclusively in binding arbitration in Buffalo, NY. You agree not to file suit against The Money School™ or any of its affiliates, subsidiaries, officers, directors, employees, successors, or assigns. The arbitration will take place before a neutral arbitrator (hereafter, “Arbitrator”) agreed upon by You and The Money School™. In the event that You and The Money School™ are unable to reach agreement on an Arbitrator, You and The Money School™ will each select an arbitrator, and the two of them will select the Arbitrator, who must be a resident of Buffalo, NY. The arbitrators selected by You and The Money School™ will have no further involvement in the arbitration. The Arbitrator will determine the rules governing arbitration. The decision of the Arbitrator will be final and binding on You and The Money School™ and may be reduced to a judgment in any court of competent jurisdiction. This agreement to arbitrate survives any termination or expiration of the Agreement.
B. GOVERNING LAW. This Agreement shall be governed, construed, and interpreted in accordance with the laws of the State of New York without regard to any choice of law provisions.
C. WAIVER OF CLASS ACTION CLAIMS. You understand and agree that You will not have the right to participate in a representative capacity or as a member of any class of claimants pertaining to any claims that may arise under, or be in any way related to, this Agreement. There is no right or authority for any claim You have against The Money School™ to be brought on a class action basis or on any basis involving claims brought in a purported representative capacity on behalf of the general public, or on behalf of other persons or entities similarly situated. Claims brought against The Money School™ may not be joined or consolidated with claims brought by anyone else.
D. LIMITATIONS PERIOD. Any claim brought in arbitration must be brought within the time period set forth in any statute of limitations that, but for this agreement to arbitrate, would apply to the claims asserted in any arbitration proceeding.
E. INJUNCTIVE RELIEF. Nothing in this Agreement prevents The Money School™ from applying to and obtaining from any court having jurisdiction a temporary injunction, preliminary injunction, permanent injunction, or other relief available to protect The Money School™’s rights prior to, during, or following any arbitration proceeding.
F. ATTORNEYS’ FEES. You agree that in the event of any arbitration or litigation, each Party will each bear its own costs and attorneys’ fees, regardless of who is deemed the prevailing party. The foregoing notwithstanding, if either Your or The Money School™ commences an action in a court of law or equity and the responding Party successfully moves such court to compel arbitration, the Party who moved for the order compelling arbitration shall be entitled to recover its reasonable costs and attorneys’ fees incurred on the motion to compel from the other Party.
15. ENTIRE AGREEMENT. This Agreement, along with The Money School™’s standard Terms and Conditions represents the entire agreement between the Parties and supersede any other written or oral agreement between the Parties as pertaining to Your rights and responsibilities as a The Money School™ Affiliate.
16. MODIFICATION/AMENDMENTS. This Agreement and The Money School™’s standard Terms and Conditions may be modified by The Money School™ at any time, with or without prior notice to You. Amendments or Modifications to this Agreement or the Terms and Conditions will be binding on You when they are sent to You via e-mail, or are posted in the Affiliate Center. No amendment to this Agreement or the Terms and Conditions shall be valid unless authored or signed by The Money School™ Your continued acceptance of Commission or Bonus payments constitutes Your acceptance to any modifications or amendments to this Agreement.
17. NO WAIVER. No waiver by The Money School™ of any right reserved or granted to The Money School™ under this Agreement shall be effective unless the waiver is in writing and signed by an authorized representative of The Money School™.18. NOTICE. Any notice required to be given to The Money School™ under or related to this Agreement shall be in writing, addressed as follows:
The Money School™ LLC 4545 Transit Rd. STE 734 Williamsville, NY 14221
e-mail: gabby@flipoutacademy / The Money School™
The Money School™ will send notices to You at the e-mail address You provided to The Money School™. Any notices shall be deemed delivered to You when sent by The Money School™. You are solely responsible for addressing any technical failures related to Your e-mail address or server, and for reading any e-mail sent to You. The Money School™ may also provide notice to You by posting information in the Affiliate Center.
19. SEVERANCE. In the event any provision of this Agreement is inconsistent with or contrary to any applicable law, rule, or regulation, the provision shall be deemed to be modified to the extent required to comply with the law, rule, or regulation, and this Agreement and the Terms and Conditions, as so modified, shall continue in full force and effect.
Overview Of Rules And Regulations
Chris Naugle has dedicated his life to being America’s #1 Money Mentor. His success includes managing over 30 million dollars in assets in the financial services and advisory industry and tens of millions in real estate business, with over 200 transactions and an HGTV pilot show since 2014.
In 20 years, Chris has built and owned 16 companies, with his businesses being featured in Forbes, ABC and House Hunters. He is currently the co-founder and CEO of FlipOut Academy™, founder of The Money School™, and Money Mentor for The Money Multiplier.
As an innovator and visionary in wealth-building and real estate, he empowers entrepreneurs, business owners, and real estate investors with the knowledge of how money works. Innovating what it takes to break the chains of financial slavery, Chris is driven to deliver the financial knowledge that fuels lasting freedom. To date, he has spoken to and taught over ten thousand Americans.
In order to maintain a high-quality customer experience and partner program, The Money School™ reminds all applicants that activity must comply with The Money School™’s Affiliate Service Agreement. By filling out and submitting this form, you agree to all terms of the The Money School™ Service Agreement, including but not limited to the following obligations:
· Not to mislead others;
· Not to use promotional means that contain objectionable content, including but not limited to content that is misleading, libelous, defamatory, obscene, violent, bigoted, hate-oriented, illegal, and/or promoting illegal goods, services or activities;
· Not to engage in and/or facilitate spamming, indiscriminate advertising or unsolicited commercial email; and/or
· Not to infringe on an The Money School™, Chris’ proprietary rights.
· This agreement may be updated or modified at any time.
· Affiliates must be at least 18 and supply a tax ID or social security number.
· You have limited right to use of graphics and content.
· Affiliates cannot solicit direct business Chris Naugle
· All content on the Site is protected by Federal and State copyright laws.
· The Money School™ reserves the right to set affiliate usage or thresholds.
· Use of advertising software commonly known as “adware” or “malware” is not permitted.
· The Money School™ domain name PPC bids are prohibited.
· Affiliates cannot represent themselves as The Money School™.
· Affiliates cannot represent themselves as business partners with Chris Naugle
· Affiliates must include appropriate FTC disclosures.
· Affiliates may not engage in cyber, domain or typo-squatting activities.
· Black Hat SEO techniques of any kind are strictly prohibited.
· All marketing emails must be CAN-SPAM compliant.
· Affiliates engaged in actual or attempted fraud will be immediately terminated.
· Affiliate accounts will be deactivated after one year of inactivity.
· Affiliates must disclose traffic driving techniques and transparency on request.
· Affiliates with offensive content, or incomplete sites, will not be accepted.
· Affiliates must comply with all relevant international Internet privacy and data protection laws and regulations.
If Chris Naugle participates in any of the marketing or product videos or content, you agree to (1) not bid on any keywords with Chris Naugle’s name or any variation of their name, (2) not use Chris Naugle’s name or any variation of their names in any URLS, (3) not use pictures, artwork or videos of Chris Naugle’s other than what is given to you for use by the The Money School™ team and to not modify or create any derivative work, (4) not use Chris Naugle’s name for your own personal marketing or in any way other than for the promotion of The Money School™ during the period of the launch.”
*20% commission earnings unless otherwise explicitly stated in writing by The Money School™