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Affiliate Agreement

Last Updated on April 18, 2024

Legendary Marketer   (“Legendary Marketer” “We,” “Our,” and “Us”) offers an affiliate program designed to allow You to become a Legendary Marketer   Affiliate (“Affiliate,” “You,” and “Your(s)”).  Affiliates of Legendary Marketer   can earn additional potential revenue for Legendary Marketer   products, and services You sell.  Legendary Marketer   reserves the sole and exclusive right to determine the amount of remuneration Affiliate will receive in exchange for his/her/its efforts.  Affiliate agrees to Legendary Marketer’s Terms of Service when applying to become an Affiliate of Legendary Marketer.    

BY REGISTERING AS AN AFFILIATE, YOU ARE AGREEING TO THE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU ARE NOT PERMITTED TO PARTICIPATE IN THE AFFILIATE PROGRAM. 

This Affiliate Agreement (the “Agreement”) governs Your relationship as an Affiliate or an Affiliate Applicant of Legendary Marketer, and any subsequent participation in Legendary Marketer’s Affiliate program. By signing this document, You indicate You have read, understood, and agreed to the terms of this Agreement.  You also understand our company's general Privacy Statement.  You are unable to participate in Legendary Marketer’s Affiliate program without consenting to this Agreement.     

We love our affiliates, and we want You to succeed in our promotions. We also want to serve our clients with 100% integrity and compliance with all laws, including all local, state, and federal regulatory guidelines. As an affiliate we expect You to conduct Yourself with professionalism and care for Your customers, which is why we've detailed these Terms and Conditions for You. 

TERMS

SECTION 1 – PARTIES  

All references to “Legendary Marketer” herein also refer to LegendaryMarketer.com. As stated above, all references to “You” and “Your” mean and refer to the person or entity who has executed this Agreement.  Legendary Marketer   and You are each referred to herein as a “Party,” and collectively as the “Parties.” You agree to notify us in writing if the legal name of Your business or account ownership changes within twenty-four (24) hours of such change and You certify that all such information is truthful and accurate. Notice of such changes should be sent to affiliates@legendarymarketer.com.  

SECTION 2 – APPLICATION 

You agree to provide all information requested by Legendary Marketer   in connection with Your Affiliate application, and You affirm that all information that You provide is truthful and accurate. You understand and agree that Legendary Marketer   retains sole and exclusive discretion to determine whether You qualify for participation in Legendary Marketer’ Affiliate program. Not everyone who applies for Legendary Marketer’s Affiliate program will qualify to participate.

SECTION 3 – CONSENT TO BE CONTACTED 

You expressly consent to be contacted at the email address and the phone number You provide in Your application about Your application and the Affiliate program, including through automated dialing systems, texts and artificial or pre-recorded messages, whether by Legendary Marketer   or a third-party on behalf of Legendary Marketer. This consent is a material condition of this Agreement and may not be revoked except in writing by both Parties.

SECTION 4 – COMPENSATION  

As an affiliate, You may accrue a commission for each purchase of a product or products purchased by traffic that You drive to Legendary Marketer and which meets the definition of a “Qualified Purchase” and the requirements set forth herein. A “Qualified Purchase” is the purchase of a product or products by a new and unique customer who: (i) clicks on an affiliate tracking link; (ii) completes the purchase at the time of clicking on the affiliate tracking link; (iii) pays in full at the time of affiliate tracking link-initiated purchase; and (iv) does not request a refund or chargeback. Paid Commissions may be subject to a clawback due to a refund or chargeback that happens outside of the standard return policy.

Affiliate accounts must be active at the time of the referral. No commission will accrue for sales that occurred before Your participation in the Affiliate Program, after the expiration of Your participating promotion period, or after a potential customer is contacted directly by a Legendary Marketer  employee or contractor.  

All Commissions are paid in U.S. Dollars (USD) or otherwise in currencies offered by the payment provider. The standard Commission for a Legendary Marketer Qualified Purchase can be found on the Referral Plan Overview: https://legendarymarketer.com/affiliate-referral-plan/. Affiliate Commissions for Partial paid Qualified Purchases will depend on the amount of the partial payment received but will be proportionate to the same percentage as a full pay. Some payment methods may incur processing fees that may be deducted from Your Commissions. All subsequent referral fees or commissions for Qualified Purchases will accrue and only become payable once You have provided all relevant tax and address documentation.  If Your combined Commissions in a 120-day period do not exceed $100.00 (USD) Your Commissions will not be paid and will be forfeited by You to Legendary Marketer.  

You will need to register with our third-party payment provider to receive payment of Commissions. This means You are authorizing third party companies to contact You.  Before You can be paid any Commission, You must provide Legendary Marketer   a completed W-8 or W-9 tax form, as instructed by Legendary Marketer, as well as any supporting documentation requested by Legendary Marketer   or its third-party payment provider. You will be deemed to have permanently waived all rights to Commissions that were earned more than 120 days before submitting a completed W-8 or W-9 tax form or any ancillary supporting documentation that is requested to confirm the information on your tax form. If You are not a resident of the United States, Legendary Marketer   may withhold tax (including without limitation VAT) where required by applicable law. You are solely responsible for complying with all tax laws in Your respective jurisdiction(s) including, but not limited to, the payment of all required taxes, and filing of all returns and other required documents with, the applicable governing body(ies).

If Legendary Marketer   determines, in its sole and exclusive discretion, that any Sale was procured fraudulently or as a result of any violation of this Agreement or applicable law, no Commission will be paid for such Sale and, for past sales, such payment amounts shall be deducted from Your future Commissions and Legendary Marketer   may terminate this Agreement immediately, without notice, and without Legendary Marketer   having any liability to You.

As an Affiliate, You are not able to use any sort of marketing material that has not already been provided by Legendary Marketer  or has been approved by Legendary Marketer in written authorization. You are also not able to use any sort of marketing tactic that does not follow FTC guidelines. This includes but is not limited to implied impressions, testimonials that are not documented, money claims (even if it is Your own story) or anything that would imply that the student will make money if they buy this program. 

Missing or untracked affiliate commissions must be reported within 30 days of the initial transaction along with evidence of prior relationship and it will be credited to Your account at our sole discretion, provided that such credit has accrued pursuant to the terms contained herein. Referrals that are not reported during the then current referral period will not be credited to Your account.

The affiliate commissions are determined two weeks after on Fridays. We hold 10% of awarded commissions in reserves that are released 6 months later, as long your account is in good standing.  Qualified Purchase is recorded. Payments are then processed via our ewallet provider, i-Payout. The affiliate agrees to pay for any transaction fee associated with the ewallet payment system. 

Affiliates are responsible for all fees, taxes, exchange rates, surcharges and other expenses incurred in order to receive their commissions. Please check with Your local banking institution to find out if any of these apply for Your account.

SECTION 5 – TERM AND TERMINATION  

The term of this Agreement will begin the earlier of (i) -when you sign and submit this document ; or (ii) Your participation in the Affiliate program is approved. Your participation in the Legendary Marketer   Affiliate program will continue month-to-month until terminated. Either Party may terminate this Agreement at any time, with or without cause, by giving the other Party thirty (30) days’ written notice of termination. If, in our sole discretion, You fail, or we suspect that You have failed, to comply with any term or provision of the Agreement or the Terms of Service, or violated any law, whether in connection with Your use of Legendary Marketer   or otherwise, Legendary Marketer   may take any action that it deems necessary, including without limitation to terminating the Agreement or suspending Your access to the Affiliate website (“Website”) at any time without notice to You.  In addition, if, based on our data, you have a dispute rate greater than two percent (2%), we may terminate this Agreement or suspend your access to the Website at any time without notice to You. In such instances as described above, and in our sole discretion, we may terminate our relationship and suspend any accounts owned/controlled by You. For the avoidance of doubt, and without limitation for purposes of the foregoing, any violation of the required disclosure will be deemed a material breach of this Agreement. See Appendix A, Section 2, Disclosure. In the event this Agreement is canceled due to Your breach, You immediately forfeit all Commissions, and any other payments owed to You or that may in the future be owed to You without any further liability by Legendary Marketer   to You.  This Agreement will terminate automatically if You earn no (zero) Commissions over a 12-month period.

If this Agreement is terminated or canceled, then all provisions that, by their nature, should survive, will survive, including, but not necessarily limited to, all limitations of liability, disclaimers of warranties, indemnity obligations, mandatory arbitration and class action waiver provisions, and exceptions to arbitration.  All representations and warranties undertaken by You shall also survive termination or cancellation of this Agreement and/or Your Legendary Marketer   account.

SECTION 6 – ADDITIONAL REPRESENTATIONS AND WARRANTIES  

In addition to Your other representations and warranties herein, You further represent and warrant that there are no prior or pending government investigations or inquiries of, or prosecutions against You by the Federal Trade Commission (“FTC”), any other federal or state governmental agency, or any industry regulatory authority, anywhere in the world, nor any prior or pending private lawsuits against You which relate to alleged intentional torts or alleged violation of any consumer protection or advertising laws.  If You become the subject of such an investigation, inquiry, prosecution, or lawsuit any time after this Agreement is executed, You are required to notify Legendary Marketer   of the same within 24 hours. Legendary Marketer, in its sole and exclusive discretion, may immediately terminate Your participation in Legendary Marketer’s Affiliate program, as well as immediately terminate this Agreement, based on any investigation, proceeding, or lawsuit identified pursuant to this paragraph.  

SECTION 7 – ENTIRE AGREEMENT 

This Agreement, Appendix A below, along with Legendary Marketer’s standard Terms of Service, represents the entire agreement between the Parties and supersedes any other written or oral agreement between the Parties as pertaining to Your Affiliate application and, if approved, Your rights and responsibilities as an Affiliate.

Appendix A

Additional Terms of the Affiliate Agreement and Advertising Rules

These Advertising Rules apply to all activities of Affiliate:

    1. General Compliance. Affiliate shall publish or otherwise distribute advertisements in strict compliance with all applicable laws and regulations, including without limitation, laws prohibiting deceptive and misleading advertising and marketing, email marketing laws (including the federal CAN-SPAM Act (15 U.S.C. § 7701)), data protection laws (including but not limited to the European Union General Data Protection Regulation, U.K. Data Protection Act, California Consumer Privacy Act, and Brazilian General Data Protection Regulation), laws governing testimonials (including the FTC’s Revised Endorsements and Testimonials Guides (16 CFR Part 255 of the Code of Federal Regulations)), and all guidelines issued by the FTC. Affiliate is solely responsible for ensuring Affiliate’s compliance with all laws. Affiliates are strictly prohibited from making claims concerning the products and services offered by Legendary Marketer   that are inconsistent with, or beyond the scope of marketing materials produced and made available by Legendary Marketer on Legendary Marketer’s  website, www.LegendaryMarketer.com, Affiliate is prohibited from publishing or otherwise distributing advertisements by telemarketing, fax, or text messaging in any form to any device.  Affiliate shall not offer monetary incentives, such as rewards points, cash, or prizes to Prospects in return for their response to an advertisement. Affiliate may, however, offer Prospects information and materials of tangible value including, but not limited to, website templates, information about e-commerce, website design, and online marketing, for reduced or no charge, but only so long as Affiliate accurately describes and delivers such information and materials to the Prospect.  Legendary Marketer   retains the sole and exclusive discretion to determine whether Affiliate’s advertising and conduct follows all laws (but Legendary Marketer   shall not be required to advise Affiliates on such matters).
    2. Disclosure.  On any website that Affiliate advertises any Legendary Marketer   service or product, Affiliate must plainly display (i.e., not in a link, or in small font) disclaimer language, such as: 
  • Disclosure: I am an independent Legendary Marketer Affiliate, not an employee.  I receive referral payments from Legendary Marketer.  The opinions expressed here are my own and are not official statements of Legendary Marketer or its subsidiary Legendary Marketer Consulting . 
  1. Social Media.  If Affiliate advertises on Instagram or YouTube, then each post must comply with all the following:
    1. Each post must contain @LegendaryMarketer   or #LegendaryMarketer.
    2. Each post must contain #ad in a clear and conspicuous location before the text of the description and in all events before the “More” button;
    3. Each Instagram post must use Instagram’s “Paid Partnership” tool; and 
    4. Each YouTube post must contain the word “Ad,” “Advertisement,” “Promotion,” or “Paid Partnership” within the video itself in a font size that is clearly recognizable to the viewer, and which appears persistently throughout the length of the video in the top right hand portion of the video.
    5. If Affiliate is advertising on other forms of written social media (e.g., Facebook, Twitter), Affiliate must comply with the above disclosure restrictions as applicable to each form of social media.  Affiliate must also comply with all rules of each social media platform that Affiliate uses.
  2. Income and Business Opportunity Claims.  Affiliates are expressly prohibited from making any claims that use of Legendary Marketer   will guarantee that the user will make money.  If Affiliate’s recruiting efforts include claims related to income Affiliate has made from using Legendary Marketer   or as an Affiliate, the following guidelines must be adhered to:
    1. Affiliate’s statements must be completely true and accurate and supported by evidence of Affiliate’s experience; and
    2. Affiliate’s statements must be accompanied by the following disclaimer in clear and conspicuous font and placement: “These were my results.  Your results will vary based on a variety of factors including Your education, effort, and market factors.  There is no guarantee You will make any money.”
    3. Affiliate is also expressly prohibited from making any express or implied claims that Legendary Marketer   is or provides a business opportunity, franchise opportunity, a “business-in-a-box,” or an assisted marketing plan.
  3. Legendary Marketer’s Trademarks.  No logo, tagline, trademark, trade name, or trade dress (collectively, the “Legendary Marketer   Trademarks”) owned by Legendary Marketer   may be used, copied, or reproduced by any Affiliate except as set forth below.  No Legendary Marketer   intellectual property (or any mark confusingly similar to any Legendary Marketer   intellectual property) is to be registered as a trademark in any country or registered as a domain name by Affiliate in any way in any country.  
    1. Subject to the restrictions below, approved Affiliates are granted a limited, revocable, non-transferrable, and non-assignable license to use the “Legendary Marketer ®” trademark, to advertise Legendary Marketer   and/or Legendary Marketer online. Any time Affiliate uses the word “Legendary Marketer” it must be immediately followed by “®”. Affiliate may not use “Legendary Marketer” or other Legendary Marketer’s trademarks as part of any URL, domain, or website name.
    2. Legendary Marketer   retains exclusive ownership of all Legendary Marketer’s Trademarks and other intellectual property and all of its rights therein. Affiliate shall not promote or provide services to any other business or person that is infringing any of Legendary Marketer’s intellectual property.
  4. Complaint Notification.  Affiliate must notify Company of any complaint received by Affiliate regarding any advertisements within twenty-four (24) hours of receiving such complaint. Notice should be sent to compliance@legendarymarketer.com.  
  5. Independent Contractor.  Affiliates are independent contractors of Legendary Marketer. It is the express understanding and intention of the Parties that no relationship of master and servant nor principal and agent shall exist between Legendary Marketer   and You by virtue of this Agreement. You have no right to act on behalf of or bind Legendary Marketer   in any way, nor share in the profits or losses of Legendary Marketer. The only compensation available to You is set forth in this Agreement. You are solely and exclusively responsible and liable for all Your acts or omissions.
  6. NO WARRANTY; NO LEADS. Legendary Marketer   does not promise, guarantee, or warrant Your business success, income, or sales. You understand and acknowledge that Legendary Marketer   will not at any time provide sales leads or referrals to You. You understand and agree further that this is not a business opportunity, a franchise opportunity, a “business-in-a-box,” or an assisted marketing plan. You are responsible for procuring and paying for any and all materials and resources necessary to operate as an Affiliate as You determine in Your sole discretion.
  7. LIMITATION OF LIABILITY.  EXCEPT WHERE OTHERWISE INAPPLICABLE OR PROHIBITED BY LAW, IN NO EVENT SHALL LEGENDARY MARKETER   OR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, INDEPENDENT CONTRACTORS, TELECOMMUNICATIONS PROVIDERS, AND/OR AGENTS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL, PUNITIVE, OR ANY OTHER DAMAGES, FEES, COSTS OR CLAIMS ARISING FROM OR RELATED TO THIS AGREEMENT, THE PRIVACY POLICY THE SERVICES OR PRODUCTS, YOUR OR A THIRD PARTY’S USE OR ATTEMPTED USE OF THE WEBSITE OR ANY SOFTWARE, SERVICE, OR PRODUCT, REGARDLESS OF WHETHER LEGENDARY MARKETER   HAS HAD NOTICE OF THE POSSIBILITY OF SUCH DAMAGES, FEES, COSTS, OR CLAIMS. THIS INCLUDES, WITHOUT LIMITATION, ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR PRODUCTS, OR ANY OTHER INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, OR OTHER DAMAGES.  THIS APPLIES REGARDLESS OF THE MANNER IN WHICH DAMAGES ARE ALLEGEDLY CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), WARRANTY, OR OTHERWISE.  
    1. IN NO EVENT SHALL LEGENDARY MARKETER’S LIABILITY TO YOU OR YOUR BUSINESS EXCEED THE AMOUNT OF THREE (3) TIMES THE PAYMENTS PAID BY YOU TO LEGENDARY MARKETER   FOR THE MONTH PRECEDING THE DATE IN WHICH THE FACTS GIVING RISE TO A CLAIM AGAINST LEGENDARY MARKETER   OCCURRED OR TWO-THOUSAND DOLLARS ($2,000), WHICHEVER IS GREATER.
  8. DISPUTE RESOLUTION BY MANDATORY BINDING ARBITRATION, CLASS ACTION WAIVER, & GOVERNING LAW.  As explained in Legendary Marketer’s Terms of Service, any controversy or claim arising out of or related to this Agreement or Your relationship with us that cannot be resolved through negotiation within 120 days shall be resolved by binding, confidential arbitration administered by the American Arbitration Association (“AAA”), and judgment on the award rendered may be entered in any court having jurisdiction thereof. The sections of the Terms of Service entitled “DISPUTE RESOLUTION BY MANDATORY BINDING ARBITRATION AND CLASS ACTION WAIVER,” “LEGENDARY MARKETER’S ADDITIONAL REMEDIES,” and  “GOVERNING LAW AND VENUE” are expressly incorporated herein by reference.  Please review the Terms of Service for more information.  All disputes are governed by the laws of the State of Florida and subject to venue in arbitration.  The courts in Pinellas County, Florida will govern all disputes and enforcement of judgments out of Arbitration.  If Affiliate fails to respond to any demand for Arbitration, Legendary Marketer may obtain a judgment enforceable via the courts in Florida against the Affiliate.  
  9. Indemnity.  You agree to protect, defend, indemnify and hold harmless Legendary Marketer, its officers, directors, employees, owner(s), and parent company(ies) and assigns from and against all claims, demands, and causes of action of every kind and character without limitation arising out of Your conduct, acts, or omissions related to Your application and/or performance of this Agreement including, but not limited to, any breach of this Agreement.  Your indemnity obligation includes, but is not limited to, any third-party claim against Legendary Marketer   for liability or payments for damages caused by, or other liability relating to, You.  This provision expressly survives the termination of this Agreement.
  10. Severability.  In the event any provision of this Agreement is inconsistent with or contrary to any applicable law, rule, or regulation, the provision shall be deemed to be modified to the extent required to comply with the law, rule, or regulation, and this Agreement and the Terms of Service, as so modified, shall continue in full force and effect.

Modification/Amendments.  This Agreement and Legendary Marketer’ standard Terms of Service may be modified by Legendary Marketer   at any time, with or without prior notice to You.  Amendments or modifications to this Agreement or the Terms of Service will be binding on You when they are sent to You via email or are posted in the affiliate center.  No amendment to this Agreement or the Terms of Service shall be valid unless prepared or signed by Legendary Marketer. Your continued acceptance of Commission constitutes Your acceptance to any modifications or amendments to this Agreement and the Terms of Service.