Affiliate Program Terms and Conditions
Effective date: June 2024
Introduction
1.1 These terms and conditions govern the affiliate program for Neuro Coaching Group, referred to hereafter as “the Company.”
1.2 By signing up for the Affiliate Program, you agree to be bound by these terms and conditions and our general Terms of Service. This is hereafter referred to as "Agreement."
1.3 “Affiliate” refers to you, the person or entity who applies to participate in the Affiliate Program. You are advised to check this terms page periodically for changes that might impact you.
Eligibility Criteria
2.1 You must provide your full legal name, a valid email address, and any other information required during the registration process.
2.2 You must be at least 18 years old to participate in the Program.
2.3 Affiliate accounts are intended for individual users or single legal entities, such as a company or partnership. Sharing your username and password with others is not allowed. You are responsible for maintaining the security of your account credentials, including user names, passwords, etc.
2.4 We are selective on choosing affiliate partners. Upon reviewing your website or business presence on platforms like LinkedIn, we will determine if your business is a reasonable match for potential Neuro Coaching Group customers. You will most likely be a reasonable match if you provide coaching or consulting services, and your business is in good standing.
Affiliate Responsibilities
As a Neuro Coaching Group Affiliate, you agree to:
3.1 Maintain accurate and current account information with us, including contact and payment details, tax information, and other necessary data. We may request additional information about your promotional websites and techniques. Providing inaccurate information may lead to program exclusion, account suspension or termination, and loss of commissions.
3.2 Create only one Affiliate account.
3.3 Always act ethically and within legal boundaries, adhering to copyright laws and all relevant regulations. You are prohibited from using our products and services for any illegal or unauthorized purposes.
3.4 Avoid recommendations and business practices that could result in financial losses for Neuro Coaching Group.
3.5 Refrain from using illegal or unethical marketing practices. Affiliates are required to use only approved promotional methods when advertising our products or services. You cannot alter promotional materials that we provide without our prior approval. The use of spam or any other unacceptable marketing techniques is strictly prohibited.
3.6 Ensure all copyrighted and third-party materials used are properly licensed.
3.7 Avoid posting ads on offensive, illegal, or inappropriate websites.
3.8 Understand that any violation of terms and conditions could lead to suspension or termination of your affiliate account and forfeiture of pending commissions.
Sign-up Process
4.1 You (the potential Affiliate) will complete the application process as directed by the Company, providing accurate and complete information.
4.2 If you accept these Terms & Conditions and we approve your application, the agreement will be considered active. You will not receive a signed hard copy of the Affiliate Agreement.
4.3 As part of the application process, we may choose to review your website at our sole discretion.
4.4 You will be notified about the status of your application within 30 business days. Upon acceptance, we will provide you with further instructions and guidance to help you acess the affiliate portal and marketing Neuro Coaching Group Products and Services.
4.5 We reserve the right to reject any application at our sole discretion without the obligation to provide reasons. Possible grounds for rejection include, but are not limited to, content on your website that is:
4.5.1 Unlawful, harmful, threatening, obscene, harassing, discriminatory, defamatory, or otherwise objectionable;
4.5.2 Promoting or facilitating violence, terrorism, or other criminal activities;
4.5.3 Sexually explicit; or
4.5.4 Infringing upon or encouraging the infringement of any intellectual property rights of any party.
4.6 By enrolling in this Program, you agree to comply with anti-spam regulations and not engage in spamming activities as defined by the CAN-SPAM Act.
4.7 You must include unsubscribe details and your physical address in all marketing emails related to our services and courses.
4.8 We may review at our sole discretion your marketing activities to ensure compliance with these Terms & Conditions.
4.9 Participation in the Affiliate Program is not guaranteed. We reserve the right to deny any application based on our sole judgment.
4.10 There is no termination date on this Agreement, unless otherwise specified or agreed upon. The Company may extend, terminate, or modify the term for various reasons including, but not limited to, changes in our offerings, technical issues, or external circumstances beyond our control.
Company/Affiliate Relationship
5.1 You and we are independent contractors, and this Agreement does not establish any form of partnership, joint venture, agency, franchise, sales representative, or employment relationship between us.
5.2 You do not have the authority to make or accept any offers or representations on our behalf. Unless explicitly stated otherwise in these Terms & Conditions, you are not authorized to act, contract, represent, provide warranties, incur liabilities, or assume obligations, whether explicitly or implicitly, on our behalf, nor can you bind us in any capacity.
5.3 You may not imply in any way that you are part of Neuro Coaching Group, or that you have participated in developing our company materials.
5.4 Additionally, you must not make any statements, whether on your website or elsewhere, that could be reasonably seen as contradictory to any aspect of this Agreement.
Commission Structure & Payment Terms
6.1 Commissions are earned on qualifying sales that occur within 30 days from the date a customer clicks on the affiliate's unique referral link. If the customer does not purchase within this 30-day window and subsequently returns to our website without using your link, you will not receive a commission.
6.2 Commissions are only calculated once the product or service has been paid in full.
6.3 Commissions are not paid on sales that are canceled or returned.
6.4 The standard commission rate is 10% of the sale price, but rates may vary depending on promotions or changes in policy.
6.5 Commission Payment Timeline: Commissions are paid monthly for all sales completed and fully paid (excluding returns or refunds) at least 3 business days before monthly payment processing.
6.6 Payment Method: Commissions will be sent to the PayPal email provided by the affiliate during application.
6.7 Refunds: If refunds are issued for any reason, including but not limited to fraud, and the fault does not lie with us, we may contact you to arrange repayment of any commissions paid on refunded sales.
6.8 Commission Basis: All commissions are calculated based on the Gross Sales Price, which includes all payments received by the Company for product sales, excluding shipping, handling, taxes, bank fees, service charges, collection costs, and losses due to credit card fraud or charge-backs.
For example, an item priced at $100 might net $89 after deductions.
6.9 Commission Rate Changes: We reserve the right to alter our commission rates at any time. You will receive 10 business days’ notice before changes take effect, with the option to exit the Program during this notice period and receive any due commissions.
6.10 Taxes & Affiliate Information: Affiliates are responsible for paying all taxes on commissions earned. Affiliates must provide a W9 tax form to Neuro Coaching Group at [email protected] before starting their services. In compliance with US tax laws, a Form 1099 will be issued to Affiliates who meet or exceed the earnings threshold. Affiliates must keep the Company informed of any changes to their contact details or tax identification information to ensure timely and accurate commission payments. Delays in payments may occur if the required information is not updated.
Referral Links
7.1 Once you are an approved Affiliate, you will get access to our Affiliate Program portal. Here, you receive unique URL links to promote Neuro Coaching Group products and services. These links must not be modified in any way. Modifications will result in no commissions for those sales.
7.2 Additionally, we may provide graphical images for use in promoting Neuro Coaching Group products and services. These images cannot be modified in any way. We reserve the right to change these images at any time. You may not use your own graphics to link to our website.
7.3 It is entirely your responsibility to ensure that each link you are provided in the portal is correctly formatted and is maintained.
Website Maintenance
8.1 You will be solely responsible for the development, operation, and maintenance of your website and for all materials that appear on your site.
8.2 Consonant with other clauses in this agreement, neither party may host any content that:
Affiliate Advertising Terms
9.1 Inappropriate advertising methods include, but are not limited to:
9.1.1 Using illegal or spam advertising methods such as unsolicited emails, unauthorized links in forums, or newsgroups.
9.1.2 Bidding on keywords that include our name or trademark without approval, or using our website as a display URL in PPC ads without permission.
9.1.3 Utilizing non-unique or copyright-infringing content for promotion.
9.1.4 Generating traffic through pay-to-read or click schemes, banner exchanges, or PPV advertising.
9.1.5 Offering incentives like cashbacks or rewards without our consent.
9.1.6 Promoting discount codes or coupons without our prior approval.
9.1.7 Misusing our materials or negatively impacting our brand image.
9.1.8 Using techniques that automatically place affiliate tracking cookies without a genuine click-through.
9.1.9 Cloaking or masking links that obscure the actual traffic source.
9.1.10 Hosting any inappropriate or offensive content on your website as determined by us.
9.1.11 Using our name and/or trademarks in your domain name, logo, or other marketing materials without our approval.
9.1.12 Infringing third-party logos or trademarks unless authorized.
9.2 Adhering to our guidelines for acceptable promotional methods, with the understanding that non-compliance may lead to warnings or account termination. We reserve the right to determine the appropriateness of any promotional methods used, and to take action as needed, including account suspension or termination and cancellation of all outstanding commissions.
Content Ownership and Intellectual Property
10.1 We exclusively own all Intellectual Property Rights (IPRs) in our website unless stated otherwise. This includes all code, text, sound, video, graphics, photographs, and other images that are part of the site.
10.2 Additionally, we exclusively own all IPRs that may exist in any related supporting materials, which may include site plans, maps, design sketches, and other preparatory documents.
10.3 We also hold exclusive ownership of all IPRs in any future updates, enhancements, and modifications to our website, including any related supporting documentation.
10.4 Any use of our intellectual property must be in accordance with our branding guidelines and must be pre-approved by us in writing.
Termination
11.1 We reserve the right, at our sole discretion, to terminate your participation in the Affiliate Program with immediate effect for any breach of these terms and conditions. Such termination will lead to the deactivation or deletion of your Affiliate Account and the loss of any potential or accrued commission fees if they were obtained through fraudulent, illegal, or questionable sales or marketing methods.
11.2 Affiliates can terminate their participation in the Affiliate Program at any time by notifying us in writing.
11.3 Should this Agreement be terminated for any reason, you must immediately stop using and remove from your site all links to the Neuro Coaching Group website, as well as any related images and materials provided through the Program.
Indemnification
12.1 Of Owner by Affiliate. At all times after the effective date of this agreement, the Affiliate shall indemnify the Owner against any award, charge, claim, compensatory damages, cost, damages, exemplary damages, diminution in value, expense, fee, fine, interest, judgment, liability, settlement payment, penalty, or other loss (a "Loss") or any attorney's or other professional's fee and disbursement, court filing fee, court cost, arbitration fee, arbitration cost, witness fee, and each other fee and cost of investigating and defending or asserting a claim for indemnification (a "Litigation Expense") arising out of:
12.1.1 the Affiliate's gross negligence or willful misconduct arising from the Affiliate's carrying out of its obligations under this agreement; or
12.1.2 the Affiliate's breach of any of its obligations or representations under this agreement.
12.2 Of Affiliate by Company. The Company shall at all times indemnify the Affiliate against a Loss or Litigation Expense caused by any breach of any of the representations or agreements made by the Company under this agreement.
Disclaimer of Warranties, Limitation of Damages and Liability
13.1 The Company will honor all warranties as they are stated on our website.
13.2 EXCEPT AS OUTLINED IN THIS AGREEMENT, THE COMPANY DISCLAIMS ALL WARRANTIES OR REPRESENTATIONS REGARDING THE PRODUCTS AND SERVICES OFFERED TO AFFILIATE CUSTOMERS THROUGH THE AFFILIATE PROGRAM, AND ANY SERVICES PROVIDED UNDER THIS AGREEMENT, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
13.3 We do not guarantee that the operation of the Company Website or services will be uninterrupted or error-free, and will not be responsible for the consequences of any interruptions or errors. We do not ensure that our website will be accessible to all internet users.
13.4 Neither the Company nor any of its agents, employees, officers, or directors will be liable for indirect, incidental, or consequential damages, such as lost profits, even if they are aware of the possibility of such damages. The Company's LIABILITY WILL NOT EXCEED THE TOTAL COMMISSIONS PAID OR PAYABLE UNDER THIS AGREEMENT.
13.5 Notwithstanding any other provision in these Terms & Conditions, our liability to you for death or injury resulting from our own negligence or that of our employees, agents or sub-contractors shall not be limited.
13.6 Should your use of materials from our products and services necessitate servicing, repair, or correction of equipment, software, or data, you will be responsible for all related expenses.
Confidentiality
14.1 "Confidential Information" means this agreement and all nonpublic information of a party, in whatever form, pertaining to the business of that party, including information relating to that party's finances, customer records, and information, and all associated documentation and materials that the party disclosing the information (in that capacity, a "Disclosing Party") designates as being confidential when disclosing it to the other party (in that capacity, a "Receiving Party"), or that, under the circumstances of disclosure, ought to be treated as confidential by the Receiving Party. Confidential Information also includes any information relating to the Disclosing Party's parent, subsidiaries, and affiliates.
14.2 Confidential Information does not include information or data that is:
14.2.1 known to the Receiving Party before its disclosure by the Disclosing Party without an obligation of confidentiality under another agreement;
14.2.2 independently developed by the Receiving Party without use of any Confidential Information;
14.2.3 in the public domain when the Receiving Party seeks to disclose or make use of it, other than as a result of disclosure by the Receiving Party; or
14.2.4 received by the Receiving Party from a third party with a legal or contractual right to disclose that information or data.
14.3 Disclosure. The Receiving Party shall not use or disclose the Confidential Information of the Disclosing Party except in connection with the exercise of its rights or the performance of its obligations under this agreement. The Receiving Party shall not disclose Confidential Information of the Disclosing Party to any person other than its employees, agents, or independent contractors who have a need to know it in connection with this agreement, and who are under obligations of confidentiality substantially similar to this section. The Receiving Party shall protect the confidentiality of the Confidential Information of the Disclosing Party in the same manner that it protects the confidentiality of its own proprietary and confidential information, but in any case with reasonable care. All Confidential Information made available under this agreement, including copies, shall be returned or destroyed by the Receiving Party, and certified as having been returned or destroyed, promptly after the termination of this agreement.
14.4 Exceptions. A Receiving Party will not be in violation of this section if it discloses Confidential Information that is required to be disclosed because of a valid order by a court or other governmental body or by applicable law or by the rules of any nationally recognized stock exchange. However, under these circumstances, the Receiving Party shall notify the Disclosing Party in writing of that disclosure to permit the Disclosing Party to seek confidential treatment of that information.
Force Majeure
15.1 Neither Party to these Terms & Conditions will be held liable for any failure or delay in fulfilling their obligations when such failure or delay is due to circumstances beyond their reasonable control. These circumstances may include, but are not limited to, power outages, failures of Internet Service Providers, industrial disputes, civil disturbances, fire, flooding, storms, earthquakes, acts of terrorism, acts of war, governmental actions, or any other events outside the control of the affected Party.
Severability
16.1 If any one or more of the provisions contained in this agreement is, for any reason, held to be invalid, illegal, or unenforceable in any respect, that invalidity, illegality, or unenforceability will not affect any other provisions of this agreement, but this agreement will be construed as if those invalid, illegal, or unenforceable provisions had never been contained in it, unless the deletion of those provisions would result in such a material change so as to cause completion of the transactions contemplated by this agreement to be unreasonable.
Governing Law
17.1 Choice of Law. The laws of the state of California govern this agreement (without giving effect to its conflicts of law principles).
17.2 Choice of Forum. Both parties consent to the personal jurisdiction of the state and federal courts in Contra Costa County, California.
Assignment and Delegation
18.1 No Assignment. Neither party may assign any of its rights under this agreement, except with the prior written consent of the other party. All voluntary assignments of rights are limited by this subsection.
18.2 No Delegation. Neither party may delegate any performance under this agreement, except with the prior written consent of the other party.
18.3 Enforceability of an Assignment or Delegation. If a purported assignment or purported delegation is made in violation of this section, it is void.
Non-exclusivity
19.1 The relationship between the Parties shall be and shall remain non-exclusive. Both parties are free to enter into similar relationships with other parties.
Waiver
20.1 No waiver of a breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this agreement will be effective unless it is in writing and signed by the party waiving the breach, failure, right, or remedy. No waiver of any breach, failure, right, or remedy will be deemed a waiver of any other breach, failure, right, or remedy, whether or not similar, and no waiver will constitute a continuing waiver, unless the writing so specifies.
Entire Agreement
21.1 This agreement constitutes the final agreement of the parties. It is the complete and exclusive expression of the parties' agreement about the subject matter of this agreement. All prior and contemporaneous communications, negotiations, and agreements between the parties relating to the subject matter of this agreement are expressly merged into and superseded by this agreement. The provisions of this agreement may not be explained, supplemented, or qualified by evidence of trade usage or a prior course of dealings. Neither party was induced to enter this agreement by, and neither party is relying on, any statement, representation, warranty, or agreement of the other party except those set forth expressly in this agreement. Except as set forth expressly in this agreement, there are no conditions precedent to this agreement's effectiveness
21.2 The Company reserves the right to update and change the Terms from time to time without notice. Continued participation in the Affiliate Program after any such changes shall constitute your consent to such changes.
Necessary Acts; Further Assurances
22.1 Each party shall use all reasonable efforts to take, or cause to be taken, all actions necessary or desirable to consummate and make effective the transactions this agreement contemplates or to evidence or carry out the intent and purposes of this agreement.
Contact Us
If you have any questions, concerns or complaints about these Affiliate Terms and Conditions, please contact us:
- By email: [email protected]
- By visiting this page on our website: https://neurocoachinggroup.com
- By phone number: 925-331-0044
- By mail: 18 Oak Street #1491, Brentwood, CA 94513
