Affiliate Program Terms & Conditions

This Affiliate Agreement is entered into and effective as of the day of enrollment between you, (hereinafter referred to as “Contractor”) and THCG, LLC,  with an address of 6131 SE Martinique Dr. 202  Stuart, FL 34997 (hereinafter referred to as “Company” or “The Health Coach Group”). 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 The Health Coach Group of a change in a revised Agreement, via email, Affiliate agrees to be bound by this Agreement and any such revisions. NOW, THEREFORE, the parties agree as follows:

  1. ENGAGEMENT
    1. Subject to the terms and conditions of this Agreement, the Company engages the Contractor as an independent contractor to perform the services set forth below, and the Contractor accepts such engagement.
  2. DUTIES, TERM, AND COMPENSATION
    1. Responsibilities: The Contractor will act as “Affiliate” for The Health Coach Group.
    2. Referrals. “Referrals” is defined as any leads who have been referred by Affiliate to The Health Coach Group using the Affiliate’s unique affiliate tracking link (“Tracking Link”). The Tracking Link will be provided by The Health Coach Group. The Tracking Links are last-click-last-credit, and the cookies created by the Tracking Links are scheduled to last ninety (90) days.
      1. Affiliates may not make any purchases using their own Tracking Link.
      2. Potential referrals who did not use the Tracking Link cannot be subsequently credited to Affiliate’s account.
    3. Referral Activities. Affiliate agrees that they will not promote any The Health Coach Group programs or use a Tracking Link in a way or on a site that: contains sexually explicit materials, violent materials, defamatory materials, promotes discrimination, promotes illegal activities or promotes to children under age 15. Further, Affiliate will not promote on sites that violate the CAN-SPAM Act, guidelines or regulations of the Federal Trade Commission, publicity rights, privacy, or intellectual property rights.
    4. Referral Fees. Referral Fees is defined as the payments made to Affiliate in return for recommending services and products of The Health Coach Group.
    5. Affiliate Commissions. The Health Coach Group agrees to pay Affiliate the percentage outlined in the Commission Program.  Affiliate Commissions will not be paid on any Referral Fees that have been refunded (clawed). Affiliate Commissions for purchases on payment plans or recurring payment programs will be disbursed on a monthly basis as payments are made. The Health Coach Group agrees to pay Affiliate any accrued Affiliate Commissions on a monthly basis, payable on the 15th day of the month following receipt of payment for products and services. Affiliates will be paid from the 5th to the 4th of each month, with payments being made through Paypal on the 15th. Payment will be made via PayPal. The Health Coach Group makes payment for all commissions that meet or exceed a $50.00 minimum each month. If your balance falls below $50.00, payment will be made once you meet or exceed the minimum.
    6. Any sales that occur after the potential customer has scheduled and participated in a strategy session will go to the individual conducting the strategy session sales call, regardless of the link used to purchase. It is up to the affiliates to sell the programs. If they do not and our team sells the program instead, then the team member making the sale receives the commission.
    7. 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, and accurate.
    8. Term: This engagement shall commence on date of enrollment and shall continue until completion of the services or termination by either party.
    9. Compensation: As full compensation for the services rendered pursuant to this Agreement, the Company shall pay the Contractor a percentage of sales for affiliates linked under the Contractor, to be paid on the 15th of each month after the sale is completed.
    10. The Contractor’s duties, term of engagement, compensation and provisions for payment may be amended in writing from time to time, or supplemented with subsequent estimates for services to be agreed to by the Company, and which collectively are hereby incorporated by reference.
  3. INDEPENDENT CONTRACTOR
    1. Independent Contractor Relationship: This Agreement shall not render the Contractor an employee, partner, agent of, or joint venturer with the Company for any purpose. The Contractor is and will remain an independent contractor in its relationship to the Company. Contractor refrains from similar tasks or activities for entities other than the Company and holds himself or herself out to the public to be a separate business entity. Contractor shall retain sole and absolute discretion in the manner and means of carrying out their activities and responsibilities under this Agreement. Contractor shall be responsible to the ownership and management of Company, but Contractor will not be required to follow or establish a regular or daily work schedule. Contractor will not rely solely on the equipment or offices of Company for completion of tasks and duties set forth pursuant to this Agreement. Any advice given to Contractor regarding services performed for the Company shall be considered a suggestion only, not an instruction. Company retains the right to inspect, stop or alter the work of Contractor to assure its conformity with this Agreement and Company needs. Contractor and Company agree to conform to any and all IRS tests necessary to establish and demonstrate the independent contractor relationship between Company and Contractor.
    2. Taxes & Benefits: Contractor recognizes and understands that it will receive an IRS 1099 statement from PayPal and related tax statements and will be required to file corporate and/or individual tax returns and to pay taxes in accordance with all provisions of applicable Federal and State law. Company shall not be responsible for withholding taxes with respect to the Contractor’s compensation. The Contractor shall have no claim against the Company for vacation pay, sick leave, retirement benefits, social security, worker’s compensation, health or disability benefits, unemployment insurance benefits or employee benefits of any kind.
  4. PROPRIETARY RIGHTS
    1. The Contractor acknowledges that it has no right to or interest in its work or product resulting from the services performed hereunder, nor any of the documents, reports or other materials created by the Contractor in connection with such services, or any right to or interest in any copyright related to those services. The Contractor acknowledges that the services and the products to be created (hereinafter referred to as “Materials”) have been specially commissioned or ordered by the Company, and that the Company is therefore to be deemed the author of and is the owner of all copyrights, trademarks, patents and other forms of intellectual property in and to such Materials.
    2. In the event that the intellectual property rights to such Materials, or any portion thereof, are for any reason deemed not to be owned by the Company, the Contractor hereby assigns to the Company any and all right, title, and interest Contractor may have in and to such Materials, including all copyrights, trademarks, patents, all publishing rights, and all rights to use, reproduce and otherwise exploit the Materials in any and all formats or media and all channels, whether now known or hereafter created. The Contractor agrees to execute such instruments as the Company may from time to time deem necessary or desirable to evidence, establish, maintain and protect the Company’s ownership of such Materials, and all other rights, title and interest therein.
  5. TERMINATION
    1. This Agreement may be terminated by the Contractor with prior written notice. The Company at any time may terminate the engagement of the Contractor immediately and without prior written notice to the Contractor. Upon termination by either party, Contractor shall provide to Company any and all copies, in whole or in part, of the Materials (as they then exist) and any and all tangible materials the Company provided to the Contractor in connection with this Agreement. In the event of a termination by either party, the Company will compensate Contractor for all work completed prior to the termination date or last day of work.
  6. CONFIDENTIALITY
    1. Non-Disclosure: The Contractor acknowledges that during the engagement it will have access to and become acquainted with various trade secrets, inventions, innovations, processes, information, records and specifications owned or licensed by the Company and/or used by the Company in connection with the operation of its business including, without limitation, the Company’s contacts, business and product processes, methods, customer lists, accounts and procedures. The Contractor also acknowledges that during the engagement it will have access to and become acquainted with confidential customer information including, without limitation, customer’s business and product processes and customer’s contact information. The Contractor agrees to keep absolutely secret and not to disclose and not to convey any of the aforesaid, directly or indirectly, or use any of them in any manner, either during the term of this Agreement or at any time thereafter, except as directed by the Company. All files, records, documents, blueprints, specifications, information, letters, notes, media lists, original artwork/creative, notebooks and similar items relating to the business of the Company, whether prepared by the Contractor or otherwise coming into its possession, shall remain the exclusive property of the Company. The Contractor shall not retain any copies of the foregoing without the Company’s prior written permission, including deleting all such copies from the Company’s electronic files, electronic storage and/or emails. Upon the expiration or earlier termination of this Agreement, or whenever requested by the Company, the Contractor shall immediately deliver to the Company all such files, records, documents, specifications, information and other items in its possession or under its control.
    2. The Contractor shall not, without the prior written consent of the Company, use the Company’s name in any advertising or promotional literature or publish any articles relating to the Company, this Agreement, or the Services and shall not otherwise refer to the retention of Contractor to render SPECIFY TYPE OF SERVICES or other services hereunder.
  7. COMPANY PROPERTY
    1. All files, software, information and other material provided to Contractor by the Company are Company property. Company property may only be used for work-related purposes. Contractor is expressly prohibited from using Company property for personal use.
  8. EFFECT OF HEADINGS
    1. The subject headings of the paragraphs and subparagraphs of this Agreement are included for convenience only and shall not affect the construction or interpretation of any of its provisions.
  9. ENTIRE AGREEMENT; MODIFICATION; WAIVER
    1. This Agreement constitutes the entire agreement between the parties pertaining to the subject matter contained in it and supersedes all prior and contemporaneous agreements, representations, and understandings of the parties. No supplement, modification or amendment of this Agreement shall be binding unless executed in writing by all the parties. No waiver of any of the provisions of this Agreement shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by the party making the waiver.
  10. NEUTRAL CONSTRUCTION
    1. This Agreement was prepared by the Company and/or the Company’s legal counsel. It is expressly understood and agreed that this Agreement shall not be construed against the Company merely because it was prepared by its counsel; rather, each provision of this Agreement shall be construed in a manner which is fair to both parties.
  11.   ASSIGNMENT
    1. This Agreement shall be binding on, and shall inure to the benefit of, the parties to it and their respective heirs, legal representatives, successors and assigns; provided, however, that Contractor may not assign any of its rights under this Agreement, except to a wholly owned subsidiary corporation of Contractor. No such assignment by Contractor to its wholly owned subsidiary shall relieve Contractor of any of its obligations or duties under this Agreement.
  12. NOTICES
    1. All notices, requests, demands and other communications under this Agreement shall be in writing and shall be deemed to have been duly given on the date of service if served personally on the party to whom notice is to be given, or on the day after mailing if mailed to the party to whom notice is to be given, by first class mail, registered or certified, postage prepaid, and properly addressed as follows: To Company at The Health Coach Group 6131 SE Martinique Dr. 202  Stuart, FL 34997, To Contractor at address listed during enrollment and retained in Infusionsoft Contact Records.
  13. GOVERNING LAW; VENUE
    1. This Agreement shall be construed in accordance with, and governed by, the laws of the State of Florida as applied to contracts that are executed and performed entirely in Florida. The exclusive venue for any action, arbitration or other proceeding based on or arising out of this Agreement shall be Martin County, Florida.
  14. SEVERABILITY
    1. If any term, provision, covenant or condition of this Agreement is held by an arbitrator or court of competent jurisdiction to be invalid, void or unenforceable, the rest of the Agreement shall remain in full force and effect and shall in no way be affected, impaired or invalidated.

Pin It on Pinterest