Affiliate Agreement

The following are the terms and conditions (this “Agreement” or the “Terms”) for affiliates that direct potential customers to any Simply Success® web site (the “Site”) and where Simply Success® has agreed to pay that affiliate (“you”) for directing those potential customers to the Site.

  1. Acceptance: By submitting your application for being an affiliate of the Site, you agree to be bound by the Terms as stated herein without modification.
  2. Nature of the Relationship: The nature of the relationship between Simply Success® and you will be that of independent contractors for all purposes and in no event will any person employed by you be held or construed to be employees of Simply Success®. Specifically, Simply Success® is not a member of any partnership, joint venture or franchise arrangement with you.
  3. Ownership and use of Simply Success® Materials: “Simply Success® Materials” include any legal materials, documents, contracts, software, products, web links, promotional material, email, information, partial Simply Success® Material or any other materials provided by Simply Success®, the Site or any Simply Success® service in any way. Simply Success® retains complete ownership and all rights to the Simply Success® Materials. You do not have the right to use or change any of the Simply Success® Materials without prior written consent of Simply Success®. You do not have the right to use any Simply Success® Materials for third party or competitive use. All use of Simply Success® Materials, with or without prior written consent, will cease after termination of this agreement.
  4. Term: This Agreement will be for an indefinite term and can be terminated immediately without cause by either Simply Success® or you providing notice to the other party. Upon termination, you will stop using Simply Success® Materials and you will discontinue any use of the Simply Success® trademark.
  5. Your Compensation: Compensation: Simply Success agrees to pay you a commission based on your affiliate status as described in this section.
    • Standard Affiliate – Are affiliates that are NOT paying customers of Simply Success with no active subscriptions or monthly memberships to any of the products or services offered by Simply Success.
      • Standard Affiliates will receive 15% for all sales (excluding fees paid to external service providers, fees paid to external suppliers and some subscription renewals) generated from the traffic of your affiliate link.
      • This traffic will be given a tracking cookie provided the person has not previously visited our site and has an existing tracking cookie from another affiliate. You will get credit for such sales during the life of the tracking cookie.
    • Premium Affiliates – Are affiliates that are paying customers of Simply Success with active subscriptions and or monthly memberships to the training services offered by Simply Success.
      • Premium Affiliates receive 25% for all direct sales made using their referral link.
      • Premium Affiliates receive 5% override commission on the sales made by those they have referred.
      • Premium Affiliates will continue to qualify to receive override commissions as long as Premium Affiliate status is maintained. All commissions payable to Premium Affiliates exclude fees paid to external service providers and fees paid to external suppliers. When Premium Affiliate is cancelled, terminated or suspended for any reason, the Premium Affiliate status will be downgraded to a Standard Affiliate and compensated accordingly. Commissions are generated customers purchasing via your custom affiliate link. This link will be given a tracking cookie provided the person has not previously visited our site and has an existing tracking cookie from another affiliate. You will get credit for such sales during the life of the tracking cookie. Payments are calculated on the first business day of the month and payment will be sent within five business days when commissions payable total $50 or more. You will have access to sales and commission reports available through the Simply Success® Affiliate Program. We will not provide any compensation for any referrals or traffic where the provision of any compensation for a referral is prohibited by law.
  6. Content Development: You are solely responsible for all content development (and its cost) on your web site.
  7. Confidentiality: You may be given or obtain access to non-public information of Simply Success® that Simply Success® considers to be of a confidential, proprietary, or trade secret nature, including, but not limited to, customer information, pricing, financial and operational information, business information and marketing information, in whatever form or media, whether or not marked as confidential (collectively “Confidential Information”). You agree not to use any Confidential Information disclosed to you by Simply Success® for your own use or for any purpose other than to carry out your obligations under this Agreement. You will not disclose any Confidential Information to third-parties or to your employees or agents, other than employees and agents who are required to have the information in order to carry out your obligations under this Agreement. You agree to notify Simply Success® immediately and in writing of any misuse or misappropriation of Simply Success®’s Confidential Information, which may come to your attention and to return Simply Success®’s Confidential Information upon the request of Simply Success®. Confidential Information shall not apply to: (a) information that is or becomes a matter of public knowledge through no fault of or action by you, (b) information that prior to disclosure was rightfully in your possession as a result of disclosure by a third-party under no obligation or restriction of confidentiality, (c) information that, subsequent to disclosure, is rightfully obtained by you from a third-party under no obligation or restriction of confidentiality, and (d) information that is independently developed by you without use, knowledge or access to the Confidential Information of Simply Success®.
  8. Return of Confidential Property: Upon Simply Success®’s request (and upon termination of this Agreement), you will deliver to Simply Success® all Confidential Information, memoranda, notes, records, drawings, manuals, disks, or other documents and media pertaining to Simply Success®’s business including all copies, extracts, summaries and analyses.
  9. Indemnification: You agree to indemnify and hold Simply Success®, its directors, officers, shareholders, successor and predecessor companies, attorneys, agents and employees harmless from any claim, demand, or damage, including reasonable attorneys’ fees and costs, asserted by any third party due to or arising out of your actions (including but not limited to advertising, web site content or how you otherwise direct potential customers to our site).
  10. Limitations of damages: Simply Success® will not be liable to you for any exemplary, punitive, special or consequential damages, including lost revenues, lost profits or lost prospective economic advantage arising from any act or omission in performance or failure to perform under this Agreement, even if Simply Success® is at fault and/or knew or should have known of the possibility thereof, and you hereby release and waive any claims against Simply Success® regarding such damages.
  11. Trademarks and other Intellectual Property: You acknowledge that all rights in any registered trademarks or any pending trademark registrations associated with the business of Simply Success® (i.e., trademarks, service marks, slogans, logos, designs and other similar means of distinction), including all goodwill pertaining thereto, shall be the sole property of Simply Success®. You may use and display such trademarks only in the manner and for the purpose authorized by Simply Success®, and only during the Term of this Agreement. Simply Success® reserves the right to add to, change or discontinue the use of any trademark it owns, on a selective or general basis, at any time. You shall not use any trademark or trade name of Simply Success® in any corporate, partnership or business name without Simply Success®’s prior written consent. Simply Success Training, Inc. is the owner of the Simply Success® trade name, brand and trademark.
  12. Media: No press releases mentioning your affiliate program participation may be made without prior written consent of Simply Success® to a release being made. You will provide a copy of any press releases to Simply Success®.
  13. Conduct: You agree to conduct yourself with due regard to public conventions and morals and agree that you will not do or commit any act or thing that will tend to degrade Simply Success® or bring it into public hatred, contempt, scorn or ridicule or that will tend to shock, insult or offend the community or ridicule public morals or decency. Further, you will not market Simply Success®’s Site or products using illegal, unethical, or misleading methods, or through inaccurate content.
  14. Modification to Terms: Simply Success® reserves the right to change these terms at any time and to notify you by updating and posting these terms on its Site. Simply Success® is not bound by any other modifications to these terms and conditions unless signed in writing by an authorized Simply Success® officer.
  15. Entire Agreement: This Agreement, the Site Terms and Conditions and the Site Legal Disclaimer, as amended from time to time, and located at https://simplysuccess.com/terms-conditions/ respectively, constitute part of this Agreement.
  16. Assignment: This Agreement cannot be assigned.
  17. Waivers: No failure or delay, on the part of Simply Success®, in exercising any right or power under these Terms will operate as a waiver of such right or power.
  18. Severability: If any term, covenant, condition or provision of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, it is the parties’ intent that such provision be reduced in scope by the court only to the extent deemed necessary by that court to render the provision reasonable and enforceable and the remainder of the provisions of this Agreement will in no way be affected, impaired or invalidated as a result.
  19. Governing Law and Notices: In respect to construction, interpretation, validity and enforcement, these Terms are to be construed in accordance with and governed by the laws of the Dallas County, Texas. You consent to the exclusive jurisdiction of the courts of Dallas County, Texas. Any notice under this Agreement will be in writing and delivered in person or by public or private courier service, or sent by facsimile. All notices will be addressed to Simply Success® located at PO BOX 1896 Fort Worth, Texas 76102 Any notices to you may be delivered to you at the address, email address or facsimile number provided in your application or to any address later provided.
  20. End User: The end user of Simply Success®’s Material will be subject to the Site’s terms and conditions and disclaimers.
  21. Binding Effect: This Agreement will pass to the benefit of and be binding upon the respective heirs, executors, administrators, successors of Simply Success® and you.
  22. Headings: The headings, captions, titles, and numbering system are inserted only as a matter of convenience and may under no circumstances be considered in interpreting the provisions of this Agreement.