Affiliate Agreement

PRELUDE:

We, at Immediate Impact Revenue value our affiliates.  We endeavor to do our best to provide excellent service and resources to those affiliates we choose to work with.  We ask our affiliates also to provide the same standards to their clients. We have written the following affiliate agreement for our affiliates to protect them as well as our company. Please read the following agreement in its entirety.

If you have any questions, please don’t hesitate to contact our affiliate manager for assistance. For the quickest response please email him (Lane Belone) at

[email protected]

AFFILIATE AGREEMENT

PLEASE READ and PRINT FOR YOUR RECORDS.

THIS IS A LEGAL AGREEMENT BETWEEN YOU AND IMMEDIATE IMPACT REVENUE.

YOU ARE AGREEING THAT YOU HAVE READ AND UNDERSTAND THE TERMS AND CONDITIONS OF THIS AGREEMENT AND THAT YOU AGREE TO BE LEGALLY RESPONSIBLE FOR EACH AND EVERY TERM AND CONDITION BY SUBMITTING THE ONLINE APPLICATION.

1.Framework:

This Agreement contains the complete terms and conditions that apply to you becoming an affiliate in ‘Immediate Impact Revenue’ Affiliate Program. Please note that throughout this Agreement, “we,” “us,” and “our” refer to Immediate Impact Revenue, and “you,” “your,” and “yours” refer to the affiliate

2.Affiliate Conditions

2.1 Please always adhere to these FTC https://www.ftc.gov/news-events/press-releases/2013/03/ftc-staff-revises-online-advertising-disclosure-guidelines , read https://www.ftc.gov/news-events/press-releases/2013/03/ftc-staff-revises-online-advertising-disclosure-guidelines and understand the Disclosure portion when promoting our products and services.

2.2 Approved affiliates will refrain from any actions which could represent Immediate Impact Revenue in a negative fashion. You will be terminated from the affiliate program and forfeit any outstanding commissions at the sole discretion of The Affiliate Manager at Immediate Impact Revenue

  • These actions are:
    1. Sending Spam, Not respecting ‘Do Not Call Lists’ or using unsafe lists of any kind.
    2. Colluding with others by offering cash rebates for using your affiliate link.
    3. Misrepresenting our products and services.
    4. Cookie Stuffing, ie. overwriting of affiliate and non-affiliate commission tracking cookies through any other means than a customer initiated click on a qualifying link on a web page or email.
    5. Failing to follow the rules and regulations that are applicable in the country where you are residing.
    6. Failing to follow the rules and regulations that are applicable in the country where you are sending traffic.
    7. Promotes sexually explicit materials
    8. Promotes violence
    9. Promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age
    10. Infringe on any copyright, trademark or intellectual property rights including facsimile or caricature of Immediate Impact Revenue website.
    11. Installing on Immediate Impact Revenue’s web site, funnels or upsell-downsell pages any Parasitic Marketing; ie “Shopping Assistance Application,” “Toolbar Installations and/or Add-ons,” “Shopping Wallets” or “deceptive pop-ups and/or pop-unders.
    12. use IFrames, hidden links and automatic pop ups to defraud Immediate Impact Revenue.

2.3. Immediate Impact Revenue reserves the right, at any time, to review your advertising and links. Immediate Impact Revenue may ask you for revisions to your advertising and links to ensure compliance to the above and ensure your information is correct and up to date.

 3. Immediate Impact Revenue’ – Rights and Obligations

3.1 Immediate Impact Revenue’ reserves the right to terminate this Agreement and your participation in the Affiliate Program immediately and without notice to you should you commit fraud in your use of our Affiliate program or should you abuse this program in any way. If such fraud or abuse is detected, Immediate Impact Revenue shall not be liable to you for any commissions for such fraudulent sales.

3.2. This Agreement will begin upon our acceptance of your Affiliate on line application, and will continue unless terminated, termination terms below..

4.Termination

You may end this Agreement AT ANY TIME, with or without cause, by giving Immediate Impact Revenue written notice. Written notice can be in the form of mail, email or fax. We may end this Agreement AT ANY TIME, with or without cause and without notice. In addition, this Agreement will terminate immediately upon any breach of this Agreement by you.

5. Modification

This Agreement may be modified at any time at our sole discretion. Modifications may include, but are not limited to, changes in the payment procedures and Immediate Impact Revenue’ Affiliate Program rules. You may end this Agreement at any time if you do not agree to the terms of the change. It is your choice to continue as an affiliate following Immediate Impact Revenue’ Affiliate Program posting of the change notice or new Agreement on our site and will indicate your agreement to the changes.

6. Payment

Unicorn Innovations uses a third party to handle all of the tracking and payment. The third party is the PayKickstart. Please review the  payment terms and conditions.

7. Promotion Restrictions

7.1. Your own web site promotion is your business, however you must represent yourself as independent of Immediate Impact Revenue’ disclosing your identity, Domain name and your return email address.

7.2. Affiliates are not prohibited from keying in prospect’s information into the lead form as long as the prospects’ information is real and true, and these are valid leads (i.e. sincerely interested in Immediate Impact Revenue’s service). Collusion (paying others to Join Immediate Impact Revenue’) is grounds for immediate termination of the Affiliate Agreement.

8. Disclaimer

IMMEDIATE IMPACT REVENUE MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES REGARDING IMMEDIATE IMPACT REVENUE’ SERVICE AND WEB SITE OR THE PRODUCTS OR SERVICES PROVIDED THEREIN, ANY IMPLIED WARRANTIES OF IMMEDIATE IMPACT REVENUE ABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT ARE EXPRESSLY DISCLAIMED AND EXCLUDED. IN ADDITION, WE MAKE NO REPRESENTATION THAT THE OPERATION OF OUR SITE WILL BE UNINTERRUPTED OR ERROR FREE, AND WE WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS.

9. Limitations of Liability

WE WILL NOT BE LIABLE TO YOU WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE OR GOODWILL OR ANTICIPATED PROFITS OR LOST BUSINESS), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT, IN NO EVENT SHALL IMMEDIATE IMPACT REVENUE LIABILITY TO YOU ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER BASED IN CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT OR OTHER LEGAL OR EQUITABLE THEORY, EXCEED THE TOTAL COMMISSION FEES PAID TO YOU UNDER THIS AGREEMENT.

10. Indemnification

You hereby agree to indemnify and hold harmless IMMEDIATE IMPACT REVENUE, and its subsidiaries and affiliates, and their directors, officers, employees, agents, shareholders, partners, members, and other owners, against any and all claims, actions, demands, liabilities, losses, damages, judgments, settlements, costs, and expenses (including reasonable attorneys’ fees) (any or all of the foregoing hereinafter referred to as “Losses”) insofar as such Losses (or actions in respect thereof) arise out of or are based on (i) any claim that our use of the affiliate trademarks infringes on any trademark, trade name, service mark, copyright, license, intellectual property, or other proprietary right of any third party, (ii) any misrepresentation of a representation or warranty or breach of a covenant and agreement made by you herein, or (iii) any claim related to your site, including, without limitation, content therein not attributable to us.

11. Confidentiality

All confidential information, including, but not limited to, any business, technical, financial, and customer information, disclosed by one party to the other during negotiation or the effective term of this Agreement which is marked “Confidential,” will remain the sole property of the disclosing party, and each party will keep in confidence and not use or disclose such proprietary information of the other party without express written permission of the disclosing party.

12. Miscellaneous

12.1. You agree that you are an independent contractor, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between you and Unicorn Innovations. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on Your Site or any other of Your Site or otherwise, that reasonably would contradict anything in this Section.

12.2. Neither party may assign its rights or obligations under this Agreement to any party, except to a party who obtains all or substantially all of the business or assets of a third party.

12.3. You may not amend or waive any provision of this Agreement unless in writing and signed by both parties.

12.4. This Agreement represents the entire agreement between us and you, and shall supersede all prior agreements and communications of the parties, oral or written.

12.5. The headings and titles contained in this Agreement are included for convenience only, and shall not limit or otherwise affect the terms of this Agreement.

12.6. If any provision of this Agreement is held to be invalid or unenforceable, that provision shall be eliminated or limited to the minimum extent necessary such that the intent of the parties is effectuated, and the remainder of this agreement shall have full force and effect.