Therapists Rising Affiliate Terms and Conditions
Affiliate Terms & Conditions: Therapists Rising 2023
As an Affiliate Partner, we expect you to comply with all applicable rules, regulation laws, statutes, ordinances,
codes, and guidelines, including those of the Australian Association of National Advertisers (“AANA”) (collectively, “Applicable Laws”) and exhibit honesty and integrity when dealing with clients and prospective clients. By participating in the marketing launch (hereafter referred to as the “Promotion”) of any of our products or programs (hereafter referred to as the “Products”) conducted by Therapists Rising (hereafter sometimes referred to as “TR”), you (hereafter referred to as the “Affiliate Partner”) agree to abide by the terms and conditions of this Agreement.
Affiliate Partner must be 18 years or older to participate in Promotion. TR reserves the unconditional and irrevocable right to accept or deny any Affiliate Partner in its sole discretion or terminate anyone’s participation who drives traffic to TR’s marketing websites under the Therapists Rising , Therapists Rising: The Incubator, Therapists Rising: The Collective, Therapists Rising brands and websites (collectively, the “Sites”), or enters the Promotion elsewhere. TR may terminate participation of any Affiliate Partner with or without cause. Affiliate Partner agrees and understands that if its marketing, websites, emails, or any other communications associated with or for this Promotion are deemed inappropriate by TR for any reason, that Affiliate Partner will be deemed, at the sole discretion of TR, ineligible to participate in the Promotions and disqualified from receiving any recognition, commissions, prizes, or any other compensation or further communication from TR.
At the sole discretion of TR, Affiliate Partner will be immediately removed from this Promotion and from TR’s Affiliate Partner Program and will be in violation of this Agreement if its marketing for this Promotion or for its own sites:
- Promote sexually explicit materials
- Promote violence
- Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age
- Promote illegal activities
- Infringe or otherwise violate any copyright, trademark, or other intellectual property rights of Therapists Rising or Dr.
Hayley Kelly or any other site.
TR reserves the right to revoke Affiliate Partner standing at any time. If TR terminates Affiliate Partner from the Promotion for violation of this Agreement, Affiliate Partner will not receive any pending commission and will be disqualified from receiving any recognition, commissions, prizes or any other compensation from TR.
Spam and Unsolicited Email
TR strictly prohibits affiliates from using spam e-mail and other forms of Internet abuse (including spamming forums, blogs, Twitter, Facebook, Instagram,and other social media outlets) to seek sales. Spam is defined as including, but not limited to, the following:
- Electronic mail messages addressed to a recipient with whom the sender does not have an existing business or personal relationship or is not sent at the request of, or with the express consent of, the recipient through an opt in subscription;
- Messages posted to Usenet, forums, Twitter, Facebook and message boards that are off-topic (unrelated to the
topic of discussion), cross-posted to unrelated newsgroups, posted in excessive volume, or posted against
forum/message board rules. Be conscious of forum rules! If a forum owner or moderator complains that an affiliate has spammed, the affiliate account may be permanently terminated after investigation.
- Content posted on free blog websites for the sole purpose of keyword spamming, or comments posted to legitimate blogs that violate the comment policy of the blog owner.
- Solicitations posted to chat rooms, or to groups or individuals via Internet Relay Chat or "Instant Messaging"
- Certain off-line activities that, while not considered Spam, are similar in nature, including distributing flyers or
leaflets on private property or where prohibited by applicable rules, regulations, or laws.
As noted above, Affiliate Partner agrees to abide by all Applicable Laws, including without limitation, the Spam Act (2003).
TR makes no express or implied warranties or representations with respect to the Affiliate Program or an affiliate's potential to earn income from the Affiliate Program. In addition, TR makes no representation that the operation of the websites or the Affiliate links will be uninterrupted or error-free, and TR will not be liable for the consequences of any interruptions or errors.
Affiliate Partner will receive 20% Australian dollars for every sale of the Product during the Therapists Rising product Promotion Period that is directly referred by Affiliate Partner to TR’s Site through the Affiliate Partner’s unique link or cookie.
Commissions are not paid on, and will not include, a sale to Affiliate Partner himself or herself; meaning Affiliate Partner cannot purchase the Product for his or her own use or others through his or her link and receive a commission on that sale. All sales and commission numbers are tallied by TR, and credit due to Affiliate Partner and all the final sales and commission numbers are at the sole discretion of TR.
Commission payments will be sent to Affiliate Partner by TR via Paypal beginning 45 days after the Program start date. Customers may select a multiple monthly payment option that purchases the Product. Therefore, Affiliate Partners should expect to receive approximately 20% for each collected monthly payment every 30-45 days after the initial payment until the customer has paid TR 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 Partner and any subsequent payment. Affiliate Partners will not be paid a commission on sales or orders that are in delinquent status. Affiliate Partner commissions will not be paid based on any sales or amounts that are attributed to spam, credit card fraud, or returned Product. TR reserves the right to change the dates of the commission payout at any time.
Therapists Rising pays affiliates via a PayPal account, provided to us when an Affiliate Partner joins. If the PayPal email changes, it is the responsibility of the affiliate to notify the Affiliate Program to ensure proper commission payments. TR will not resend payments returned due to incorrect payment email addresses. Affiliate Partners must provide his or her Paypal address and complete the Affiliate set-up form sent by TR before receiving any commission payments. TR is NOT responsible for Affiliate Partner using or maintaining his or her Affiliate Partner links, and only sales tracked through TR's system will count towards Affiliate Partner’s commissions. TR makes every reasonable effort to accurately track and pay commissions for all sales that come from Affiliate Partners, but is not responsible, nor under any circumstances will be held liable for, any technical difficulties, outside events, actions by other affiliate partners, or other uncontrollable events that may disrupt or interfere with Promoter’s ability to track sales or pay commissions.
Affiliate Partner will not receive any commission or revenue on clients driven to the Promotion or TR following the Promotion Period. Commissions are solely available for this Promotion under this Agreement.
TR will provide Affiliate Partner with links to this Promotion, to promote and offer the Product to Affiliate Partner’s customers via Affiliate Partner’s sites or emails.
In addition to the restrictions set forth above, Affiliate Partner may not: (a) read, intercept, record, redirect, interpret, or fill in the contents of any electronic form or other materials submitted to TR by any person or entity; (b) take any action that could reasonably cause any customer confusion as to Affiliate Partner’s relationship with TR or as to the site on which any functions or transactions (e.g., search, order, browse, and so on) are occurring; (c) frame the Affiliate Partner’s website to look like TR’s Site or utilize TR’s branding in any way that would cause a likelihood of confusion by customers or the general public as to who is hosting or promoting such a website; (d) seek to purchase or register any keywords, search terms or other identifiers related to the trademarks of TR or the trade or service marks or names of TR’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 TR; (e) seek to purchase or register any domains or other identifiers that include variations on the trade or service marks or names of TR 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 TR. TR may cancel Affiliate
Partner’s participation in this Promotion, withhold or cancel commissions, or take any other action at its sole discretion should Affiliate Partner conduct any of the behavior above or fail to operate with integrity or within the guidelines of Applicable Laws.
Relationship of the Parties
Affiliates are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. Affiliates have no authority to make or accept any offers or representations on TR's behalf. Affiliates will not make any statement, whether on their sites or otherwise, that reasonably would contradict this statement. Under no circumstances will TR be held liable for any actions, omissions, or results of Affiliate Partner.
Affiliate Partner shall not, directly or indirectly, use for his or her own benefit (other than to fulfill his or her obligations hereunder) or disclose to any third party any Confidential Information (as defined below) of TR without prior, written permission of TR in each instance. Confidential Information means all non-public information of TR, including, without limitation, these Terms and Conditions, sales figures, software passwords, TR 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, flowcharts, and other similar information that is proprietary to and confidential information of TR.
This Agreement imposes no obligation of confidentiality on Affiliate Partner with regard to any portion of TR’s Confidential Information (a) that is generally available to the public at the time of disclosure; (b) that becomes generally available to the public after the Promotion without any breach of this Agreement by Affiliate Partner; or (c) that Affiliate Partner can demonstrate by written records he or she had independently developed without any access to or usage of the Confidential Information.
In the event Affiliate Partner becomes or may become legally compelled to disclose any Confidential Information (whether by deposition, interrogatory, request for documents, subpoena, civil investigative demand or other process or otherwise), Affiliate Partner shall provide to TR prompt prior written notice of such requirement so that TR may seek a protective order or other appropriate remedy and/or waive compliance with the terms of this Section. In the event that such protective order or other remedy is not obtained, or that TR waives compliance with the provisions hereof, Affiliate Partner shall furnish only that portion of the Confidential Information which he or she is advised by counsel is legally required to be disclosed, and shall use his or her best efforts to ensure that confidential treatment shall be afforded such disclosed portion of the Confidential Information.
In general, Affiliate Partner may not disclose any financial, personal, or business information about TR or its executives without permission from TR. Such disclosure is grounds for legal action, equitable relief, and termination of this Agreement.
Indemnification and Liability
Therapists Rising and Dr. Hayley Kelly will not be liable for indirect, special, or consequential damages (or any loss of revenue, profits, expenditures or data) arising in connection with this Agreement or the Program, even if TR has been advised of the possibility of such damages. Further, TR's aggregate liability arising with respect to this Agreement and the Program will not exceed the total commissions paid or payable to the affiliate under to this Agreement.
Affiliate Partner agrees to indemnify, defend, and hold harmless Therpists Rising's Founder, Dr. Hayley Kelly, an individual, and Therapists Rising, its officers, employers, employees, contractors, directors, related entities, trustees, affiliates, and successors from and against any and all claims, actions, proceedings, liabilities, losses, damages, costs, claims and expense whatsoever – including, without limitation, attorneys’ fees and disbursements, which such parties may be subject to or incur in connection with Affiliate Partner’s participation in the Promotion, except those claims that are judicially determined to have resulted from TR’s gross negligence or willful misconduct.
Term and Termination
The term of this Agreement will begin when you accept and will end when terminated by either party. Either TR or the affiliate may terminate this Agreement at any time, with or without cause. Upon the termination of this Agreement for any reason, all licenses granted hereunder shall immediately terminate and you will immediately cease use of, and remove from Affiliate's Web Site, all links to TR websites, and all TR trademarks and logos, other TR marks and all other materials provided in connection with this program.
TR's failure to enforce Affiliate Partner's strict performance of any provision of this Agreement will not constitute a waiver of TR’s right to subsequently enforce such provision or any other provision of this Agreement.
If any of the provisions of this Agreement are determined by a court to be unenforceable, they shall be severed from this Agreement, and the remaining provisions shall remain in full force and effect.
By enrolling in Therapists Rising's Affiliate Program, Affiliate Partner acknowledges that Affiliate Partner has read this agreement and agrees to all its terms and conditions. Affiliate Partner has independently evaluated this program and is not relying on any representation, guarantee, or statement other than as set forth in this Agreement.