The following are the terms and conditions (this “Agreement” or the “Terms”) for affiliates that direct potential customers to any The Girls Mean Business™ or Serious Businesswomen Ltd web site (the “Company” or “Site”) and where The Girls Mean Business™ has agreed to pay that affiliate (“you” or “Affiliate” ) for directing those potential customers to the Site. If you are unsure or unclear about this agreement or about a specific promotion, please email firstname.lastname@example.org for guidance.
The Company reserves the right to revoke any Affiliate’s status at any time and without notice to the Affiliate.
1. Eligibility & Acceptance
Affiliates must be aged 18 or over. By submitting your application for being an affiliate of the Site, you agree to be bound by the Terms as stated herein without modification. It is your responsibility to understand the terms before signing up.
The Company reserves the unconditional right to accept or deny any Affiliate application.
2. Nature of the Relationship
The nature of the relationship between Girls Mean Business™ and you will be that of independent businesses for all purposes and in no event will any person employed by you be held or construed to be employees of Girls Mean Business™. Specifically, The Girls Mean Business™ is not a member of any partnership, joint venture or franchise arrangement with you.
3. Ownership and use of The Girls Mean Business™ Materials
“The Girls Mean Business™ Materials” include any legal materials, documents, contracts, software, products, web links, promotional material, email, information, partial The Girls Mean Business™ Material or any other materials provided by The Girls Mean Business™, the Site or any The Girls Mean Business™ service in any way. The Girls Mean Business™ retains complete ownership and all rights to The Girls Mean Business™ Materials. You do not have the right to use or change any of The Girls Mean Business™ Materials without prior written consent of The Girls Mean Business™. You do not have the right to use any The Girls Mean Business™ Materials for third party or competitive use. All use of The Girls Mean Business™ Materials, with or without prior written consent, will cease after termination of this agreement.
If The Company deems an Affiliate’s marketing or promotion to be inappropriate, The Company reserves the right to terminate The Affiliate’s account. This will also disqualify The Affiliate from participating in current or future promotions and will render them ineligible to receive commissions or other compensation.
Affiliate accounts will be immediately terminated and The Affiliate removed from The Girls Mean Business™ Affiliate Scheme if The Affiliate’s marketing or promotion for The Company’s products or its own sites:
1. contains, promotes, or links to sexually explicit or violent material.
2. promotes, depicts or links to material that promotes or depicts discrimination based on race, gender, religion, national origin, physical or mental disability, sexual orientation, or age.
3. contains unlawful material, including without limitation materials that may violate another’s intellectual property rights, or links to a site that contains such material.
4. contains information regarding, promotes, or links to a site that provides information regarding or promotes illegal activity.
5. uses the Company’s marketing materials including but not limited to videos, images, banners, likenesses, or brand name in or on their websites, with a view to passing off their website or business as The Company’s.’
6. for any other reason that is deemed by the Company to be unsuitable. The Company reserves the right to disqualify Affiliates from the Company’s Affiliate Program, cancel pending commissions based on inappropriate behaviour or marketing by the Affiliate, and to amend any promotion or this Agreement at any time without notification to the Affiliate.
7. offers a cash incentive or discount on the Company’s products or programs as a means of promotion.
You will be provided with a comprehensive set of approved marketing materials and suggested promotional wording. You may create your own videos, photos or social media posts using your own photos of the 2017 Awesome Marketing Planner providing they are used with honesty and integrity and not used to pass off your company or business as The Girls Mean Business™.
4. No Spamming
No Spamming. The Affiliate agrees not to send any unsolicited email to any party in connection with any promotion for the Company’s products or programs. The Company will not tolerate any Affiliate who spams any party, list, or individual. If any Affiliate is caught spamming, they will be removed from the Company’s Affiliate Program, and their commissions or pending commissions will be cancelled and/or forfeited. Spam is defined as emailing or posting to anyone who has not requested information via email or any website, and also includes “spamming search engines” with links.
This Agreement will be for an indefinite term and can be terminated immediately without cause by either The Girls Mean Business™ or you providing notice to the other party. Upon termination, you will stop using The Girls Mean Business™ Materials and you will discontinue any use of The Girls Mean Business™ trademark.
6. Your Compensation
The Girls Mean Business™ agrees to pay you a commission of ten percent (10%) of all 2019 Awesome Marketing Planner System sales (excluding fees paid to external service providers, fees paid to external suppliers and some subscription renewals) generated from the traffic of your site, emails or social media. 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, currently set at 6 months.
By UK law, customers buying the 2019 Awesome Marketing Planner System are entitled to a 14 day ‘cooling off’ period once their Planner Book has arrived with them. This is deemed to have taken place 3 working days after the Planner book is despatched from The Girls Mean Business™ Headquarters. Affiliate commission payments will be calculated beginning 17 days following the despatch of the customer’s Planner book, allowing 14 days ‘cooling off’ period plus 3 days transit time.
7. Payments are calculated on the first business day of the month. Your Affiliate commission will be paid to you by PayPal on or around the 10th of the month. You will have access to sales and commission reports available through The Girls Mean Business™™ Affiliate Programme.
8. Earnings Disclaimer
The Company has taken every effort to ensure it accurately represents its products, programs and promotions, and the potential to help you earn commissions. However, there is no guarantee that you will get any specific results or earn any money whatsoever during any promotion. This is not a “get rich quick” scheme.
Nothing on any of the Company’s websites or communications should be construed as a promise or guarantee of earnings. Every person is different, and each person’s success in any endeavour, including promotions for the Company’s products and programs, depends on her background, dedication, desire and motivation. Any testimonials or examples used in the Company’s websites or communications are exceptional results, and should not be interpreted as typical. The Company makes NO guarantees that you will achieve any results from its ideas, products, programs or promotions, and the Company offers no professional legal or financial advice.
You may be given or obtain access to non-public information of The Girls Mean Business™ that The Girls Mean Business™ 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 The Girls Mean Business™ 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 The Girls Mean Business™ immediately and in writing of any misuse or misappropriation of The Girls Mean Business™’s Confidential Information, which may come to your attention and to return The Girls Mean Business™’s Confidential Information upon the request of The Girls Mean Business™ 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 The Girls Mean Business™.
You agree to indemnify and hold The Girls Mean Business™, 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 the your actions (including but not limited to advertising, web site content or how you otherwise direct potential customers to our site).
11. Limitations of damages
The Girls Mean Business™ 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 The Girls Mean Business™ is at fault and/or knew or should have known of the possibility thereof, and you hereby release and waive any claims against The Girls Mean Business™ regarding such damages.
Trademarks and other Intellectual Property
The Affiliate may not use any copyright, trademark, service mark, or general branding of the Company without full disclosure and permission of the Company.
12. You acknowledge that all rights in any registered trademarks or any pending trademark registrations associated with the business of The Girls Mean Business™ (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 The Girls Mean Business™. You may use and display such trademarks only in the manner and for the purpose authorized by L The Girls Mean Business™ and only during the Term of this Agreement. The Girls Mean Business™ 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 The Girls Mean Business™ in any corporate, partnership or business name without The Girls Mean Business™’s prior written consent. Serious Businesswomen Ltd. is the owner of the The Girls Mean Business™ trade name, brand and trademark.
The Affiliate may not:
14. 1) seek to purchase or register any keywords, search terms or other identifiers related to the trademarks of the Company or the trade or service marks or names of the Company’s primary competitors, including misspellings or variations thereof for use in any search engine, portal, sponsored advertising service or other search or referral service unless otherwise agreed to by the Company;
15. 5) seek to purchase or register any domains or other identifiers that include variations on the trade or service marks or names of the Company intended to approximate misspellings or typographical mistakes of same or which otherwise would constitute typo or domain squatting, including variations thereof for use in any search engine, portal, sponsored advertising service or other search or referral service unless otherwise agreed to by the Company.
No press releases mentioning your affiliate program participation may be made without prior written consent of The Girls Mean Business™ to a release being made. You will provide a copy of any press releases to The Girls Mean Business™
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 The Girls Mean Business™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 The Girls Mean Business™’s Site or products using illegal, unethical, or misleading methods, or through inaccurate content. You must advise within your marketing materials and promotions that you are an Affiliate for The Girls Mean Business™.
18. Modification to Terms
The Girls Mean Business™ reserves the right to change these terms at any time and to notify you by updating and posting these terms on its Site. The Girls Mean Business™ is not bound by any other modifications to these terms and conditions unless signed in writing by an authorized The Girls Mean Business™ officer.
This Agreement cannot be assigned.
No failure or delay, on the part of The Girls Mean Business™ in exercising any right or power under these Terms will operate as a waiver of such right or power.
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.
22. 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 United Kingdom. You consent to the exclusive jurisdiction of the courts of the United Kingdom. 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 The Girls Mean Business™™ located at PO Box 347, Darlington DL1 9QH. Any notices to you may be delivered to you at the address or email address provided in your application or to any address later provided.
23. End User
The end user of The Girls Mean Business™’s Material will be subject to the Site’s terms and conditions and disclaimers.
24. Binding Effect
This Agreement will pass to the benefit of and be binding upon the respective heirs, executors, administrators, successors The Girls Mean Business™ and you.
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.