By executing the Affiliate Institute (“Ai”) Affiliate Agreement (“Affiliate Agreement”), you apply for legal authorization to become a Ai Affiliate and enter into contract with Affiliate Institute, LLC, hereinafter “Ai” or the “Company”. This Agreement is created to provide detailed guidelines and limitations for all Ai Affiliates.
The purpose of the Ai Affiliate Program is to provide individuals with the opportunity to market and sell membership access to the Ai online education platform. In exchange for successfully making sales the Company offers compensation pursuant to the terms of the Compensation Plan.
Becoming a Ai Affiliate.
To become a Ai Affiliate, an applicant must be of the age of majority (not a minor) in his or her state/province of residence, apply to join the affiliate program and submit a properly completed electronic Affiliate Agreement to Ai.
If an applicant lives in the United States or a U.S. territory they must also have a valid Social Security Number or Federal Tax ID Number.
The Ai affiliate program is FREE to join.
Modification of Terms.
Because federal, state, and local laws, as well as the business environment, periodically change, Ai reserves the right to amend the Agreement and the Compensation Plan in its sole and absolute discretion. Notification of amendments shall appear in official Ai materials. Any such amendment, change, or modification shall be effective thirty (30) days following one of the following communication methods:
- Posting on the official Ai website;
- Electronic mail (email); or
- In writing through other Ai communication channels.
Term and Termination.
The term of this Agreement will begin upon our acceptance of your application and will end when terminated by either of us upon thirty (30) days notice. In the event of a material breach of this Agreement, Ai reserves the right to terminate this Agreement immediately. Upon cancellation or termination, all property rights are forfeited regarding any bonuses, commissions or other remuneration derived through your sales. Ai reserves the right to terminate all Affiliate Agreements upon thirty (30) 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 Ai 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 Ai and its Affiliates does not create an employer/employee relationship, agency, partnership, or joint venture between Ai and the Affiliate. All Affiliates are responsible for paying local, state, provincial, and federal taxes due from all compensation earned as an Affiliate of the Company. Affiliates have no express or implied authority to bind Ai 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 available through Ai 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. In the event you earn over $600 in a calendar year, you will receive IRS Form 1099-MISC reflecting the amount of income paid to you during the calendar year. It will be your sole responsibility to account for such income on your individual income tax returns.
Selling the Ai Membership.
You agree to make no representations or claims about the membership beyond those shown in official Ai literature.
Ai Compensation Plan.
Affiliates must adhere to the terms of the Ai compensation plan as set forth in Official Ai Materials. Affiliates shall not require or encourage other current or prospective customers or Affiliates to participate in Ai in any manner that varies from the program as set forth in official company materials. Affiliates shall not require or encourage other current or prospective customers or Affiliates to make any purchase from, or payment to, any individual or other entity to participate in the Ai compensation plan.
In an effort to alleviate administrative burdens, Ai reserves the right to postpone commission payments until such time the cumulative amount meets or exceeds $29.70.
A Ai Affiliate must review his or her monthly statement and report any discrepancies within thirty days of receipt. After the thirty (30) day “grace period,” no additional requests will be considered for commission recalculation. For additional information on payment of commissions, please review the compensation plan.
Errors or Questions.
If an Affiliate has questions about or believes any errors have been made regarding commissions, bonuses, or charges, the Affiliate must notify Ai in writing within thirty (30) days of the date of the purported error or incident in question. Ai will not be responsible for any errors, omissions, or problems not reported to the Company within thirty (30) days.
The Ai Compensation Plan is based upon the sale of Ai memberships, products, and other services to end consumers.
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 Ai membership(s) or products/services on behalf of another Affiliate or Customer, or under another Affiliate’s or Customer’s ID number, to qualify for commissions or bonuses; and/or (e) any other mechanism or artifice to qualify for rank advancement, incentives, prizes, commissions, or bonuses that is not driven by bona fide product or service purchases by end user consumers.
All initial fees paid for the Ai membership, products and/or services comes with a fourteen (14) day satisfaction guarantee. Because the digital nature of the product(s) and/or service(s) and the immediacy of the benefits make a refund commercially impractical, all subsequent fees are non-refundable.
Affiliates will receive commission payments twice per month. On the 5th of each month for sales completed the 1-15th of the previous month, and on the 20th of each month for sales completed the 16-31st of the previous month. In order to be eligible for a commission payment, the product must have been paid in full, and must be beyond the listed refund period.
In the event commission has been paid on a purchase that was either refunded or later charged back by the purchaser, any commission paid will be adjusted accordingly in the following period in which commission payments are scheduled to be paid, and until such point which the adjustment has been satisfied.
The minimum commission payment will be $29.70. If you earned less than $29.70, your commission will roll to the next pay period until the threshold is met.
Use of Sales Aids.
While promoting the Company, Affiliates must use the sales aids and support materials produced by Ai. If Ai Affiliates develop their own sales aids and promotional materials (which includes Internet advertising), notwithstanding Affiliates’ good intentions, they may unintentionally violate any number of statutes or regulations affecting a Ai business. Accordingly, Affiliates must submit all written sales aids, promotional materials, advertisements, websites and other literature to the Company for approval prior to use. Unless the Affiliate receives specific written approval to use the material, the request shall be deemed denied. All Affiliates shall safeguard and promote the good reputation of Ai and its services.
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 Ai. An Affiliate may not use or attempt to register any of the Company’s trade names, trademarks, service names, service marks, service 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 websites, web pages, or blogs.
Ai’s Proprietary Information and Trade Secrets.
You recognize and agree that information compiled by or maintained by Ai, including the database of prospective and existing customers, constitutes a commercially advantageous, unique and proprietary trade secret of the Company, which it keeps confidential and treats as a trade secret. During the term of your contract with Ai, the Company grants you a personal, non-exclusive, non-transferable and revocable right to use trade secret, confidential, and proprietary business information (Proprietary Information), which includes, without limitation, access to the Company’s customer database.
During the term of this Agreement and for a period of one (1) year after the termination or expiration of this Agreement between the Affiliate and Ai, the Affiliate shall not use the information to compete with the Company or for any purpose other than promoting his or her business with Ai. The Affiliate acknowledges that such proprietary information is of such character as to render it unique and that disclosure or use thereof in violation of this provision will result in irreparable damage to Ai. Ai will be entitled to injunctive relief or to recover damages against any Affiliate who violates this provision in any action to enforce its rights under this section.
Ai desires to provide its Affiliates with the best products, services and Compensation Plan possible. Accordingly, Ai values constructive criticism and encourages the submission of written comments addressed to Ai leadership. However, negative and disparaging comments about the Company calculated to dampen the enthusiasm of other Ai Affiliates and disparage Ai represents a material breach of these Policies and Procedures and may be subject to sanctions as deemed appropriate by the Company.
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 & marketing systems supplied or created by Ai 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 Ai, each of its membership, product and/or service 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 Ai. As such, these marks are of great value to Ai and are supplied to Affiliates for their use only in an authorized manner.
This also applies to testimonials from our clients. As an affiliate you may use a testimonial in your Ai-related marketing only if you have received written permission from both the Company and the client whom the testimonial belongs to. Using Ai testimonials in the marketing of a competing product or service is unethical, and is expressly prohibited.
Note: You can report an affiliate breaching our “intellectual property” section of our affiliate agreement anonymously by clicking here.
Jurisdiction and Governing Law.
The formation, construction, interpretation, and enforceability of your contract with Ai as set forth in this Affiliate Agreement and any incorporated documents shall be governed by and interpreted in all respects under the laws of the State of Nevada without regard to conflict of law provisions.
An emailed copy of the Agreement shall be treated as an original in all respects.
All disputes and claims relating to Ai, its product or 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 Ai under the Agreement or the Company Marketing Guidelines shall be settled totally and finally by arbitration in Nevada or such other location as Ai prescribes, in accordance with the Federal Arbitration Act and the Commercial Arbitration Rules of the American Arbitration Association, except that all parties shall be entitled to discovery rights allowed under the Federal Rules of Civil Procedure. This agreement to arbitrate shall survive any termination or expiration of the Agreement. Nothing in the Agreement shall prevent Ai 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.
An Affiliate is fully responsible for all of his or her verbal and/or written statements made regarding Ai products or services and the Compensation Plan, which are not expressly contained in Official Company Materials. Affiliate agrees to indemnify Ai 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.
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 Ai and supersedes any prior agreements, understandings and obligations between you and the Company concerning the subject matter of your contract with the Company.