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This contract is an Affiliate Agreement (hereinafter “Agreement”) used by Jana Krizanova, trading as JK Virtual Solutions ("Company") to allow parties to promote Company’s digital products and services in exchange for an affiliate commission on accredited sales. This Agreement is between Company and the party agreeing to the terms and conditions in order to promote on behalf of Company (hereinafter “Affiliate”).

1. Promotion

Affiliate may promote Company’s programs however they see fit provided they do so within any parameters set by Company either in this Agreement or within any promotion resources provided to Affiliate. Affiliate also agrees to promote the programs with integrity and to not make any misleading statements to induce sales or otherwise violate any laws within Affiliate’s jurisdiction. Affiliate agrees to follow current endorsement guidelines for disclosure when sharing affiliate links. 

2. Compensation

Company will provide Affiliate with a unique tracking link to promote Company’s programs. Company will pay Affiliate a fee (hereinafter “Commission”) for each sale affiliated with Affiliate’s unique link. Tracking of these sales is automatically done by Company’s marketing system. Affiliate understands they will be paid only for sales tracked through Company’s systems and associated with Affiliate’s link. Once you’ve been accepted to the Affiliate Program, you’ll receive access to your unique affiliate dashboard through ThriveCart. The dashboard contains pre-made links that contain your unique affiliate ID number.

Affiliate is solely responsible to make sure that they use the correct Affiliate link when promoting the sale. Compensation is explicitly and exclusively tied to the proper use of the Affiliate link, and Affiliate will only be compensated for sales associated with that Affiliate link. Affiliate understands they will not be paid on sales they refer to themselves; no self-commissions are allowed.

Affiliate will earn a Commission equal to 40% of the gross revenue for each sale of digital product, templates and programs (hereinafter “Program” or “Programs”) and 15% commission of the gross revenue for each sale of a one-to-one service (hereinafter “Service” or “Services”). Affiliate understands that Company may update this commission structure at any time and that Commissions earned after such updates will be at those updated percentages.

3. Refunds

Company may issue customer refunds at their discretion. Affiliate is not entitled to a Commission on refunded sales. 

4. Chargebacks

Affiliate further agrees that Company shall have the right to collect back from Affiliate any Commissions paid to Affiliate that were refunded due to chargebacks or any extenuating circumstances causing a refund.

5. Payouts

Company will send Commissions via PayPal thirty (30) days after the commission has been made. If Affiliate earns a commission on a Program with an installment agreement or payment plan, Company will send Affiliate’s Commissions in installments proportional to the payment plan chosen by Company’s student. For example, if Affiliate earns a 40% commission on a €3,000 sale where the student agrees to pay in three equal installments, Affiliate will receive their €1,200 Commission in three equal installments of €400. Company, may, at their sole discretion, instead choose to pay the Commission in one lump sum.

6. Promotion Materials

Company may provide to Affiliate graphics, email, web, or social copy, and other templates (hereinafter “Materials”) for Affiliate to use in the promotion of the Programs. The Materials may include design elements proprietary to Company. Company grants Affiliate a revocable, non-exclusive license to use the Materials solely in relation to their efforts promoting the Program under this Agreement. Distribution of Materials is prohibited.

7. Cancellation

Company may cancel this Agreement at any time. Company will remove any affiliate links, and Affiliate agrees to cease any further promotion or use of the Materials.

8. Force Majeure

Company shall not be liable or responsible to Affiliate, nor be deemed to have defaulted or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement when and to the extent such failure or delay is caused by or results from acts or circumstances beyond the reasonable control of the Company including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion, or hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest, national emergency, revolution, insurrection, epidemic, lock-outs, strikes or other labor disputes (whether or not relating to either party’s workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.

9. Independent Contractor

Nothing in this Agreement shall be construed to create a partnership, joint venture, employment, or agency relationship. Affiliate understands that they are an independent contractor, and that they are responsible for their own taxes on any Commissions. 

10. Severability

If any provision of this Agreement shall be declared invalid or unenforceable, such provision shall be deemed eliminated from this Agreement and all remaining provisions shall continue in full force and effect.

11. Liability

Affiliate agrees to absolve Company of any and all liability or loss any person may suffer or incur as a result of their participation in the affiliate program. Affiliate agrees that Company shall not be liable to you for any type of damages, including direct, indirect, special, incidental, equitable, or consequential loss or damages for use of the Program.

12. Assignment

Affiliate may not assign this Agreement without express written consent of Company.

13. Modification

Company may modify terms of this agreement at any time. Company will notify Affiliate by email when Company makes modifications. These modifications may include, but are not limited to, changes in the scope of Commission, fee schedules, payment procedures and Affiliate Program rules. If any of the modifications are unacceptable to Affiliate, the only resource is to terminate this Agreement and cease use of Affiliate link.

If Affiliate continues to participate in the program by using Affiliate link, it will be considered as acceptance of the change. All changes made will be announced to affiliates via the email address they have supplied.

14. Indemnification

Affiliate agrees to indemnify, defend, and hold harmless the Company, its officers, directors, employees, agents, and third parties for any losses, costs, liabilities, and expenses (including reasonable attorneys’ fees) relating to or arising out of Affiliate’s promotion and participation as an affiliate and related services, or violation of any terms of this Agreement, or any violation of any applicable laws, rules or regulations. 

15. Dispute Resolution

Affiliate expressly waives any and all claims, now or in the future, arising out of or relating to this Agreement. To the extent Affiliate attempts to assert any such claim, Affiliate hereby expressly agrees to present such claim only in the small claims courts in Dublin, Ireland.

16. Waiver

No waiver of any default by any party or parties to this Agreement shall be implied from any omission by a party or parties to any action on account of such default. If such default persists or is repeated, no express waiver shall affect any default other than the default specified in the express waiver, and that only for the time and to the extent therein stated.

17. Article Headings

All article, paragraph, and section headings set forth in the Agreement are intended for convenience only and shall not control or affect the meaning, construction, or effect of this Agreement or any of the provisions thereof.

18. Sole and Only Agreement

This Agreement contains the entire understanding between the parties with respect to the subject matter and supersedes any and all other prior written Agreements and understandings (whether oral or written) between the parties. No amendment or modification of this Agreement shall be effective unless executed in writing by both parties.

19. Communication

Affiliate agrees to keep a working email address for payments on file. It is not the Company’s responsibility to track down Affiliate to make a payment to Affiliate. Company will make reasonable attempts to pay Affiliate for up to 6 months using Affiliate’s provided information. If Company is unable to contact Affiliate during this period through reasonable efforts, Affiliate will forfeit any payments owed to them. Affiliate agrees to receive emails regarding this affiliate program.

Last Updated: May 1, 2024

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