Clients On FB Affiliate Agreement

(updated 18 August 2021)

Authorization and Contract

By executing the Clients On FB Affiliate Agreement (“Affiliate Agreement”), you apply for legal authorization to become a Clients On FB (the “Company”) Affiliate and enter into a contract with Clients On FB (A Division of Dahmen Consulting Oü). This Agreement is created to provide detailed guidelines and limitations for all Clients On FB Affiliates.

By participating in the affiliate program, you are agreeing to comply with and be legally bound by the terms and conditions of this Agreement. If you do not agree to all of the terms of this Agreement, please do not register for or participate in the affiliate program.

Purpose

The purpose of the Clients On FB Affiliate Program is to provide individuals with the opportunity to sell Clients On FB. In exchange for successfully making sales and referring Clients On FB to other Affiliates, the Company offers compensation pursuant to the terms of the Referral Plan.

Becoming a An Clients On FB Affiliate

To become a Clients On FB Affiliate, an applicant must comply with the following requirements:

1) Be of the age of majority (not a minor) in his or her state of residence;

2) Complete the application process set out inside Clients On FB membership area. 

Compensation

Clients On FB has full discretion over the acceptance & rejection of affiliates. All affiliates must have use Clients On FB before or are currently active users of Clients On FB to be qualified to be accepted for the affiliate program.

This is to ensure that people with no or little information about how the product works are not allowed to be promoting the product. This is to maintain the highest standard of brand & image. 

The number of commissions are as follows:

a) Affiliates who are currently paying subscribers earn 50% commission on subscription plans. 

b) Affiliates who were on trial and/or were previous users and/or no longer current users/subscribers earn 30% on subscription plans. 

If the Affiliate is no longer a paying subscriber, we reserve the right to downgrade that Affiliate to the same tier as Affiliates who were previous users and no longer current users/subscribers to earn 30% on subscription plans. Previous commission earned will not be affected.

If your referral is involved in a disputed payment with us, we reserve the right to claw back commission payouts. 

We have a 5 day withholding holding period before paying out. The customers referred must also have stayed beyond the withholding period to qualify for a payout.

We reserve the right to remove inactive affiliates of Clients On FB. If the affiliate account of an affiliate remains inactive for at least 6 months, we reserve the right to remove that inactive account. In that case, we will pay out any commission owed during the next month’s pay period.

If your referral is involved in a disputed payment with us, we reserve the right to claw back commission payouts.

In an effort to alleviate administrative burdens, Clients On FB reserves the right to postpone commission payments until such time the cumulative amount exceeds $50.

Clients On FB Affiliates should actively monitor their account & report any issues immediately. Once affiliate payments have been processed, no adjustments will be made. 

We reserve the right to change the compensation plan & product pricing & structures at any time & will provide appropriate notice & communication to all affiliates. All decisions made on affiliates are final.

* We reserve our right to run promotions, bundles, deals & discounts at our complete discretion. 

Cookies 

When you promote Clients On FB with an approved affiliate link, a cookie is placed on your visitor’s browser. This cookie remains in place for 60 days until the user makes a purchase on the last clicked cookies link. In other words – whichever link is last clicked and gets the sale, is attributed the commission. HOWEVER, in the event that the customer has entered their email into the Clients On FB funnel, this will override any cookies & the sale will be attributed to the individual who referred the customer to enter their email.

Encouraging users to cancel their account to join under your affiliate link is called “commission poaching” and is strictly prohibited. This activity will cause immediate expulsion from the program unpaid commissions withheld. Therefore, all commissions assigned by the cookie is final.

Pay Period

Affiliates will receive commissions once per month, on the 30th of every month, for sales completed the previous month. We have a 5 day withholding holding period before paying out. The minimum commission payment will be $50. If you earned less than $50, your commission will roll to the next month until the $50 threshold is met. 

Pay Per Click (PPC) Policy

PPC bidding on trademark terms related to Clients On FB is NOT allowed.

Modification of Terms

Because federal, state, and local laws, as well as the business environment, periodically change, Clients On FB reserves the right to amend the Agreement and the Referral Plan in its sole and absolute discretion. Notification of amendments shall appear in Official Clients On FB Materials and Active Affiliates will be duly informed. Any such amendment, change, or modification shall be effective immediately.

Term and Termination

The term of this Agreement will begin upon our acceptance of your application and will end immediately when terminated by either the Company or you. In the event of a material breach of this Agreement, Clients On FB reserves the right to terminate this Agreement. Upon cancellation or termination, all property rights are forfeited regarding any commissions, referrals or other remuneration derived through your sales. Clients On FB reserves the right to terminate all Affiliate Agreements with 21 Days Notice if the Company elects to: (1) cease business operations; (2) dissolve as a business entity; or (3) terminate distribution of its products via Affiliate channels. No termination of this Agreement will relieve either party for any liability for any breach of, or liability accruing under, this Agreement prior to termination.

Independent Contractor Status

The Clients On FB Affiliate is an independent contractor and not a purchaser of a franchise or business opportunity. Therefore, each Affiliate’s success depends on his or her independent efforts. The agreement between The Marketers Social Accelerator and its Affiliates does not create an employer/employee relationship, agency, partnership, or joint venture between The Marketers Social Accelerator and the Affiliate. All Affiliates are responsible for paying local, state, and federal taxes due from all compensation earned as an Affiliate of the Company. Affiliates have no express or implied authority to bind Clients On FB to any obligation or to make any commitments by or on behalf of the Company. 

As a self-employed independent contractor, you will be operating your own independent business selling products and services available through Clients On FB on your own account. You have complete freedom in determining the number of hours that you will devote to your business, and you have the sole discretion of scheduling such hours. Nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between you and Clients On FB.

Selling Clients On FB Products

You agree to make no representations or claims about any products or services beyond those shown in official Clients On FB literature.

Income Disclosure Policy

In an effort to conduct best business practices, Clients On FB has developed an earnings disclaimer. Clients On FB earnings disclaimer is designed to convey truthful, timely, and comprehensive information regarding the income that Company Affiliates can earn. In order to accomplish this objective, a copy of this income disclaimer must be presented to all prospective Affiliates. Copies of the income disclaimer can be found on Clients On FB legal page.

Product Sales

The Clients On FB Referral Plan is based upon the sale of Clients On FB products and services to end consumers. Purchasing Clients On FB products solely for the purpose of qualifying for commissions is strictly prohibited.

Bonus Buying Prohibited

Bonus buying is strictly and absolutely prohibited. Bonus buying includes: (a) the enrollment of individuals or entities without the knowledge of and/or execution of an Affiliate Agreement by such individuals or entities; (b) the fraudulent enrollment of an individual or entity as an Affiliate or Customer; (c) the enrollment or attempted enrollment of non-existent individuals or entities as Affiliates or Customers (“phantoms”); (d) purchasing Clients On FB products or services on behalf of another Affiliate or Customer, or under another Affiliate’s or Customer’s ID number, to qualify for commissions or bonuses; (e) purchasing excessive amounts of goods or services that cannot reasonably be used or resold in a month; and/or (f) any other mechanism or artifice to qualify for incentives, prizes, commissions, or bonuses that is not driven by bona fide product or service purchases by end-user consumers.

Use of Sales Aids

While promoting the Company, Affiliates may use the sales aids and support materials produced by Clients On FB. All Affiliates shall safeguard and promote the good reputation of Clients On FB and its products.

An Affiliate may not build third-party sites that contain materials copied from corporate sources nor create his or her own website to promote the Company without receiving express approval from Clients On FB. An Affiliate may not use or attempt to register any of the Company’s trade names, trademarks, service names, service marks, product names, URLs, advertising phrases, the Company’s name or any derivative thereof, for any purpose including, but not limited to, Internet domain names (URL), third party Web sites, Web pages, or blogs.

Constructive Criticism

Clients On FB desires to provide its Affiliates with the best services and fee schedule possible. Accordingly, Clients On FB values constructive criticism and encourages the submission of written comments addressed to Clients On FB leadership. However, negative and disparaging comments about the Company calculated to dampen the enthusiasm of other Clients On FB Affiliates and disparage Clients On FB represents a material breach of these Policies and Procedures and may be subject to sanctions as deemed appropriate by the Company.

Intellectual Property

Affiliate agrees to use the Trademarks and Copyrights in the form and manner and with appropriate legends as currently used and permitted by the Company. All promotional materials supplied or created by Clients On FB must be used in their original form and cannot be changed, amended or altered except with prior written approval from the Company. The name of Clients On FB, each of its product names and other names that have been adopted by the Company in connection with its business are proprietary trade names, trademarks and service marks of Clients On FB. As such, these marks are of great value to Clients On FB and are supplied to Affiliates for their use only in an authorized manner.

Jurisdiction and Governing Law

The formation, construction, interpretation, and enforceability of your contract with Clients On FB as set forth in this Affiliate Agreement and any incorporated documents shall be governed by and interpreted in all respects under the laws of Estonia without regard to conflict of law provisions. 

Dispute Resolution.

All disputes and claims relating to Clients On FB, its products and services, the rights and obligations of an Affiliate and the Company, or any other claims or causes of action relating to the performance of either an Affiliate or Clients On FB under the Agreement or the Company terms and conditions shall be settled totally and finally by arbitration in EUROPE or such other location as Clients On FB prescribes. This agreement to arbitrate shall survive any termination or expiration of the Agreement. Nothing in the Agreement shall prevent Clients On FB from applying to and obtaining from any court having jurisdiction a writ of attachment, garnishment, temporary injunction, preliminary injunction, permanent injunction or other equitable relief available to safeguard and protect its interest prior to, during or following the filing of any arbitration or other proceeding or pending the rendition of a decision or award in connection with any arbitration or other proceeding.

Indemnification

An Affiliate is fully responsible for all of his or her verbal and/or written statements made regarding Clients On FB software, products, services, and referral fees, which are not expressly contained in Official Company Materials. Affiliate agrees to indemnify Clients On FB and hold it harmless from any and all liability including judgments, civil penalties, refunds, attorney fees, court costs or lost business incurred by the Company as a result of the Affiliate’s unauthorized representations or actions. This provision shall survive the cancellation of this Agreement.

Any Affiliate who brings Clients On FB into disrepute, or who promotes any form of slander, violence, racism, or unfair business practices, can have their Affiliate status cancelled and any outstanding commissions will be forfeited. 

Miscellaneous

If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable, and the balance of the Agreement will remain in full force and effect. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which together shall constitute one instrument. The provisions of this Agreement, including all documents incorporated herein by reference, embody the whole agreement between you and Clients On FB and supersedes any prior agreements, understandings and obligations between you and the Company concerning the subject matter of your contract with the Company.