SimplyAwake.com’s Partnership Program
Terms & Conditions
By participating in any SimplyAwake.com promotions, you agree to the following Terms and Conditions (referred to as the “Agreement”). If you do not agree to or understand any of the language in this Agreement, then please do not sign up for or participate in any of our promotions. It is your responsibility to understand the terms before signing up.
As an affiliate, we expect you to follow these guidelines, have integrity when dealing with clients, and comply with all applicable laws.
By participating in the promotion of any of the products or programs created or conducted by SimplyAwake.com (the “Company”) you (the “Affiliate”) agree to the following Terms and Conditions.
Affiliate must be 18 years or older to participate in any promotion. The Company reserves the unconditional right to accept or deny any Affiliate who enters any promotion on the Company’s website at www.SimplyAwake.com (the “Company Website”) or who drives traffic to any of the Company’s websites.
Affiliate must be in good standing with the Federal Trade Commission and the Company, in compliance with all FTC guidelines and the terms and conditions of this Agreement.
Affiliate agrees and understands that if its marketing, websites, emails or any other communications associated with or for any promotion are deemed inappropriate, the Affiliate will be deemed, at the sole discretion of the Company, ineligible to participate in the current or any future promotions and disqualified from receiving any recognition, commissions, prizes or any other compensation or further communication from the Company.
Affiliate will be immediately removed from the promotion and from the Company’s Affiliate Program and will be in violation of this Agreement if, at the sole discretion of the Company, its marketing for any promotion or for its own sites:
1. contains, promotes, or links to sexually explicit or violent material.
2. 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.
3. contains unlawful material, including without limitation materials that may violate another’s intellectual property rights, or links to a site that contains such material.
4. contains information regarding, promotes, or links to a site that provides information regarding or promotes illegal activity.
5. uses the Company’s videos, images, banners, likenesses, or brand name in or on their websites, thus creating market and consumer confusion. To be clear, you may not use the Company’s banners, images or videos as if they are your own on your own sites or any other sites, as it may cause a customer to opt-in under the impression that they are opting in to the Company’s communications rather than the Affiliate’s.
6. for any other reason that is deemed by the Company to be unsuitable. The Company reserves the right to disqualify Affiliates from the Company’s Affiliate Program, cancel pending commissions based on inappropriate behavior or marketing by the Affiliate, and to amend any promotion or this Agreement at any time without notification to the Affiliate.
7. offers a cash incentive or discount on the Company’s products or programs as a means of promotion.
8. runs any paid ad for the Company’s products or programs on Facebook or other social media outlet.
9. runs any paid ads with the terms Simply Awake or Jonathan Labman, any of the URLs the Company owns, and/or any of the Company’s product or program names.
To summarize, you may use ONLY honest, ethical means for promoting the Company’s products and programs. If you have a creative idea about using the Company name, Jonathan Labman, or any of the Company’s products or programs in a unique way to promote the products or programs, please contact us first via this site.
The Company reserves the right to revoke any Affiliate’s status at any time and without notice to the Affiliate.
Affiliate agrees not to send any unsolicited email to any party in connection with any promotion for the Company’s products or programs. The Company will not tolerate any Affiliate who spams any party, list, or individual. If any Affiliate is caught spamming, she will be removed from the Company’s Affiliate 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” with links. Affiliate agrees to abide by all Federal Trade Commission Guidelines and the U.S. Federal CAN-SPAM Act.
The Company has taken every effort to ensure it accurately represents its products, programs and promotions, and the potential to help you earn commissions. However, there is no guarantee that you will get any specific results or earn any money whatsoever during any promotion. This is absolutely not a “get rich quick” scheme. Nothing on any of the Company’s websites or communications should be construed as a promise or guarantee of earnings. Every person is different, and each person’s success in any endeavor, including promotions for the Company’s products and programs, depends on her background, dedication, desire and motivation. Any testimonials or examples used in the Company’s websites or communications are exceptional results, and should not be interpreted as typical. Please do not infer that these examples are promises or guarantees of earnings, or of same/similar results. Any forward-looking statements outlined in the Company’s websites or communications are nothing more than expectations or forecasts for future potential, and are not guarantees or promises for actual performance. These statements are simply the Company’s opinion. The Company makes NO guarantees that you will achieve any results from its ideas, products, programs or promotions, and the Company offers no professional legal or financial advice.
Affiliate will receive a % of the sale price of each product sale that is directly referred by the Affiliate to the Company’s website through the Affiliate’s unique link or cookie.
Commissions are not paid on, and will not include, a single sale to the Affiliate themselves, meaning Affiliate cannot purchase a product or program for their own use through their own link and receive commission on that sale. Affiliate commissions are counted and final numbers are deemed final at the sole discretion and decision of the Company.
Commission payments will be sent to the Affiliate by the Company either as Store Credit (upon request) or via PayPal (by default) on or around the 10th of each month for the commissions earned two months prior. To be clear, this means that commissions earned on product sales that occur in February will be paid out on or around the 10th of April, and commissions earned on product sales that occur in July will be paid out on or around the 10th of September, and so on.
In situations where multiple payments are allowed on products or programs with a payment plan, Affiliate should expect to receive the same % of each collected payment until the customer has paid the Company 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 Affiliate and any subsequent payment. Affiliates will not be paid a commission on sales or orders that are in delinquent status. If payments for delinquent customers are received within 45 days of the original payment due date and the Affiliate is still in good standing in the Company’s Affiliate Program, the Affiliate will be paid their commission. If delinquent payments are received after 45 days beyond the original payment due date, the Affiliate will not receive commission on that sale. Affiliate commissions will not be paid based on any sales or amounts that are attributed to spam, any kind of fraud (including without limitation credit card fraud), or returned products. The Company reserves the right to change the dates of commission payouts without notice to the Affiliate.
Affiliates must provide their PayPal address and complete any tax information sent by the Company before receiving any commission payments. The Company is not responsible for the Affiliate using or maintaining their affiliate links and only sales tracked through the Company’s system will count towards the Affiliate’s commissions. All sales and commission numbers are tallied by the Company and credit due to the Affiliate and all the final sales and commission numbers are at the sole discretion of the Company. The Company makes every reasonable effort to accurately track and pay commissions for all sales that come from Affiliates, but is not responsible nor under any circumstances will be held liable for any technical difficulties, outside events, actions by other affiliates, or other uncontrollable events that may disrupt or interfere with the Company’s ability to track sales or pay commissions. Under no circumstances will the Company be held liable for any indirect, incidental, special or consequential damages or any loss of revenue or profits that result from Affiliate’s participation in any promotion.
The Company will provide Affiliate with Links for the Company’s promotions as well as any related banners, graphics or text ads necessary to promote and offer the products to the Affiliate’s customers via the Affiliate’s sites or emails. Affiliate may ONLY utilize their unique link provided by the Company on the Affiliate’s own websites or emails. Affiliate may not post their link on any other websites that are not owned or maintained by the Affiliate or the Affiliate’s brand, with the exception of ads or social media placements. Spamming the internet with links outside of the Affiliate’s direct email list, websites or social media pages will be considered a violation of this Agreement and will result in a cancellation, forfeiture and denial of all Affiliate benefits, prizes and commissions. Affiliate may not use unsolicited commercial email, spam, search engine spam, or other illegal or unethical means by which to generate referral commissions. Affiliate may also not purchase any product through their own link for personal use and receive a commission on that sale. Links are intended to drive new customers to the Company. All customer information collected during any promotion shall be owned by the Company and it is at the sole discretion of the Company whether or not the customer information will be shared with the Affiliate.
Affiliate may not use any copyright, trademark, service mark, or general branding of the Company without full disclosure and permission of the Company.
Affiliate may not:
1) read, intercept, record, redirect, interpret, or fill in the contents of any electronic form or other materials submitted to Company by any person or entity;
2) take any action that could reasonably cause any customer confusion as to Affiliate’s relationship with the Company, or as to the site on which any functions or transactions (including without limitation search, order, or browse) are occurring;
3) frame the Affiliate’s website to look like the Company’s website or to utilize the Company’s branding in any way that would confuse customers or the general public as to who is hosting or promoting such a website; or
4) seek to purchase or register any keywords, search terms or other identifiers related to the trademarks of the Company or the trade or service marks or names of the Company’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 Company;
5) seek to purchase or register any domains or other identifiers that include variations on the trade or service marks or names of the Company 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 Company.
The Company may cancel the Affiliate’s participation in any promotion, withhold or cancel commissions, or take any other action at its sole discretion if Affiliate conducts any of the behavior above or fails to operate with integrity or within the guidelines of the FTC.
All prizes associated with any promotion will be distributed at the sole discretion of the Company. The Company reserves the right to change prizes without notice.
All Affiliates who are the top performers for sales will be notified that they have won a prize by email, and may be responsible for any taxes associated with receiving a prize based on IRS guidelines and their local and state tax laws.
Relationship of Parties
Nothing in this Agreement shall be deemed to create a partnership, joint venture, agency relationship, or employment relationship between the Affiliate and the Company. Affiliate is participating in promotions 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 the Company be held liable for any actions or results of the Affiliate.
Affiliate hereby agrees not to share, use, copy, adapt, alter, distribute, duplicate, or part with possession of any of the Company’s confidential information which is not directly provided or approved by the the Company, 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 the Company’s business: sales figures, software passwords, Company list size, list contents, ideas, stories, activities, curriculum, event 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 Company.
Affiliate shall not disclose his/her terms of this Agreement to any third party other than to the Affiliate’s employees and agents who (1) have a need to have access to such information (2) agree in writing to comply with the confidentiality provisions of this Agreement.
This Agreement imposes no obligation of confidentiality on Affiliate with regard to any portion of the Company’s confidential information (1) that is part of the public domain at the time of disclosure; or (2) that becomes part of the public domain after the Promotion without any unauthorized act by or omission of Affiliate; or (3) if Affiliate can demonstrate by written records that he/she had independently developed knowledge of such confidential information prior to the date of disclosure; or (4) if permission to use or disclose said confidential information is first obtained by Affiliate in writing from the Company; or (5) if Affiliate 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, Affiliate may not disclose any financial, personal, or business information about the Company or its executives (including Owner/CEO Jonathan Labman) without permission from the Company. Such disclosure is grounds for legal action, equitable relief, and termination of this Agreement.
Indemnification and Liability
Affiliate agrees to indemnify and hold harmless the Company and the Company’s Owner/CEO, Jonathan Labman, an individual, from and against any and all losses, claims, damages, liabilities, costs, and expenses (including, but not limited to, reasonable attorney fees) which Affiliate may be subject to or incur in connection with any promotion to be rendered, except those claims that are judicially determined to have resulted from the Company’s gross negligence or willful misconduct.