Affiliate Terms & Conditions
PARTIES. All references to “Us”, “We”, “Our” herein means Innovation Finances, Inc., its owners, parents, affiliate entities, employees, and assigns. Steven Palmieri is a Service Mark of Innovation Finances, Inc. All references to “Affiliate”, “You”, and “Your” refer to the person or entity who has executed this Agreement by clicking “I Agree”.
This Affiliate Agreement (Agreement) is made between Us and You.
INDEPENDENT CONTRACTOR. Affiliate is an independent contractor and not an employee of Us and has no authority to bind Us to anything unless expressly authorized by Us. Affiliate may receive from Us an IRS 1099 for tax purposes, but regardless Affiliate is responsible for any and all tax matters related to Affiliate’s independent contractor relationship with Us.
AGREEMENT TERM. The term of this Agreement shall commence on the date Affiliate clicks “I Agree” and thereby assents to its term, and this Agreement shall be in effect until Affiliate or We elect to terminate this Agreement by written notice to the other Party. Either Party may terminate this Agreement for any reason or for no reason at all. Upon Agreement termination, Affiliate is no longer entitled to Commission Payouts for any subsequent subscription renewal orders or other similar orders made by an Affiliate Customer.
AFFILIATE CUSTOMER. Any sale to a person who comes to Us through the Affiliate Link will be a customer of the Affiliate (“Affiliate Customer”)
AFFILIATE AND SUB AFFILIATES. After You click “I Agree” to the terms of this Agreement, You will be able to set up a unique Affiliate URL, which You may use to advertise Us. When another person (a “Prospect”) clicks through that URL, a cookie (or other similar tracking technology (“Cookie”)) will be set in the Prospect’s web browser. When the Prospect creates an account with Us by using Your Affiliate Link, the Cookie on the Prospect’s web browser, corresponding to Your unique URL, registers the Prospect in our system as a Registered User. In the event that a Registered User has multiple Affiliate Cookies, the most recently-acquired Cookie will determine which Affiliate is credited as the Parent of the Registered User.
If the Registered User subsequently becomes an affiliate and has its own registered user join our system, then that affiliate’s registered user becomes Your Sub-Affiliate.
AFFILIATE COMMISSION GENERAL.
If that Registered User purchases a product from Us either at the time of registering or subsequently, a “Sale” is made and the Prospect becomes a Customer. In order to receive a commission, the Sale must be properly funded and all funds cleared by Us. Affiliate will be charged back commissions on any Commission paid on a Sale where the funds did not clear for Us or are otherwise disputed by the Customer or refunded back to the customer. Commissions are only paid on legitimate sales. If the sale is not legitimate and/or if We do not receive money on the transaction then You will not receive a Commission.
AFFILIATE COMMISSIONS. We have many different products. Some pay a Commission and some do not. Currently, the commission payout is as follows:
Credit Repair Pre-Litigation Disputes Training Course –
Affiliate Sale Level 1 Commission: 15%
Commission payments will be made to You Quarterly.
MARKETING. Affiliate agrees to comply with any and all applicable U.S. federal, state and/or local marketing and advertising laws and regulations, including, but not limited to, Federal Trade Commission (FTC) guidelines regards to the use of Affiliate disclaimers. Affiliate agrees to review and follow the FTC Revised Endorsement Guides located on the FTC website at the following link:
TELEMARKETING PROHIBITED. Affiliate Agrees not to telemarket and that telemarketing is prohibited under this Agreement.
DISCLAIMER. Affiliate agrees to use the below written disclaimer and to place it conspicuously on any website or other platform where Affiliate advertises any of Our products. You must plainly display the following disclaimer language:
Disclosure: I am an independent Steven Palmieri Affiliate, not an employee. I receive referral payments from Steven Palmieri. The opinions expressed here are my own and are not official statements of Steven Palmieri.
NON-DISPARAGEMENT. You agree not to disparage Us or our Products. You also fully agree and understand that this provision will survive the termination of this Agreement and that its inclusion was necessary in order the bind the Parties hereto.
INCOME CLAIMS. If Affiliate makes any claims related to the potential income an affiliate can make, or if You make reference to income You have made, or if You make reference to any lifestyle opportunities You have because of Us, the following guidelines must be adhered to: Your statements must be completely true and accurate and supported by evidence; and, If You use a hypothetical scenario, You must clearly label it as a hypothetical scenario.
INTELLECTUAL PROPERTY. We are and shall remain the sole and exclusive owner of all right title and interest, including Intellectual Property Rights, in and to the Our Trademark(s), Confidential Information (including all derivatives thereof) and Our data. Except as specifically set forth in this Agreement, no rights are granted to Affiliate in or with respect to any of the foregoing. “Intellectual Property Rights” means all trade secrets, patents and patent applications, trade marks (whether registered or unregistered and including any goodwill acquired in such trade marks), service marks, trade names, business names, internet domain names, e-mail address names, copyrights (including rights in computer software), moral rights, database rights, design rights, rights in know-how, rights in Confidential Information, rights in inventions (whether patentable or not) including, but not limited to, any and all renewals or extensions thereof, and all other proprietary rights (whether registered or unregistered, and any application for the foregoing), and all other equivalent or similar rights which may subsist anywhere in the world, including, but not limited to, any and all renewals or extensions thereof.
Notwithstanding the below directions outlining use of Our trademark(s), Affiliate recognizes that “Steven Palmieri” along with any stylized / design image trademarks (logos) are trademarks owned by Us (collectively, “Our Trademark(s)”) and, except as expressly permitted by this Agreement, Affiliate shall not use or misappropriate Our Trademark(s) in any manner without Our prior written consent. Nothing contained in this Agreement shall be taken as a transfer of interest of any Rights We have in Our Trademarks.
You may use Our mark to advertise Our Products. Any time You use Our marks, You must do so in a way that is not likely to confuse readers or cause them to think that You are speaking for Us. Whether Your use of Our marks is confusing will be determined by Us in Our sole and absolute discretion.
CONFIDENTIAL INFORMATION; NON-DISCLOSURE. The Parties acknowledge that by reason of their relationship under this Agreement, they may have access to and acquire knowledge from, material, data, systems and other information concerning the operation, business, projections, market goals, financial affairs, products, customers and customer lists, and intellectual property of the other Party that may not be accessible or known to the general public (“Confidential Information”).
Each Party receiving Confidential Information (the “Receiving Party”) agrees to maintain all such Confidential Information received from the other Party (the “Disclosing Party”), both orally and in writing, in confidence and agrees not to disclose or otherwise make available such Confidential Information to any third party without the prior written consent of the Disclosing Party. The Receiving Party further agrees to use the Confidential Information only for the purpose of performing the terms of this Agreement. In addition, the Receiving Party shall not reverse engineer, disassemble or decompile any prototypes, software or other tangible objects which embody Confidential Information and which are provided to the Receiving Party hereunder. Whenever requested by the Disclosing Party, the Receiving Party shall immediately return to the Disclosing Party all manifestations of the Confidential Information or, at the Disclosing Party’s option, shall destroy all such Confidential Information as the Disclosing Party may designate. The Receiving Party’s obligation of confidentiality shall survive this Agreement.
INDEMNITY. Affiliate agrees to indemnify, protect and hold forever harmless Us and Our officers, directors, shareholders, and employees from and against any and all claims, costs, or expenses, including attorneys’ and experts’ fees, arising from any claim or action against Us and/or Affiliate concerning Affiliate’s actions or failure to act in accordance with this Agreement or in accordance with law or applicable industry standards of care, security and confidentiality. Affiliate agrees to indemnify and hold forever harmless Us and Our officers, directors, shareholders, and employees from any claims, costs, or expenses, including attorneys’ and experts’ fees, arising from any action against Us and/or Affiliate for any infringement of the Work or Intellectual Property resulting from the engagement of Affiliate.
NO WARRANTY; NO LEADS. We do not promise, guarantee or warrant Affiliate’s success, income, or sales. Affiliate understands and acknowledges that We will not at any time provide sales leads or referrals to Affiliate. Additionally, OUR WEBSITES AND SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE MAKE NO REPRESENTATION OR WARRANTY AS TO THE ACCURACY, RELIABILITY, TIMELINESS OR COMPLETENESS OF ANY MATERIAL ON OR ACCESSIBLE THROUGH ANY OF OUR WEBSITES OR SERVICES. ANY RELIANCE ON OR USE OF SUCH MATERIALS SHALL BE AT YOUR SOLE RISK. WE MAKE NO REPRESENTATION OR WARRANTY (A) THAT ANY OF OUR WEBSITES OR SERVICES WILL BE AVAILABLE ON A TIMELY BASIS, OR THAT ACCESS TO ANY OF OUR WEBSITES OR SERVICES WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE; (B) THAT DEFECTS OR ERRORS WILL BE CORRECTED; OR (C) THAT ANY OF OUR WEBSITES OR THE SERVERS OR NETWORKS THROUGH WHICH ANY OF OUR WEBSITES ARE MADE AVAILABLE ARE SECURE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY. AFFILIATE AGREES THAT IN NO EVENT SHALL OUR LIABILITY TO YOU FOR ANY CLAIM OF ANY KIND OR DESCRIPTION EXCEED THE AMOUNT OF THREE (3) TIMES THE COMMISSIONS PAYMENTS PAID TO YOU FOR THE MONTH PRECEDING THE DATE IN WHICH THE FACTS GIVING RISE TO A CLAIM AGAINST US OCCURRED. YOU WAIVE ANY RIGHT TO SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND OR DESCRIPTION.
FORCE MAJEURE. We will not be responsible to Affiliate for any delay, damage, or failure caused by or occasioned by a Force Majeure Event. As used in this Agreement, “Force Majeure Event” shall mean: any act of God, act of nature or the elements, terrorism, insurrection, revolution or civil strife, piracy, civil war or hostile action, labor strikes, acts of public enemies, federal or state laws, rules and regulations of any governmental authorities having jurisdiction over the premises, inability to procure material, equipment, or necessary labor in the open market, acute and unusual labor, material, or equipment shortages, or any other causes beyond the control of Us. Delays due to any of the above causes shall not be deemed to be a breach of or failure to perform under this Agreement. We shall not be required against Our will to adjust any labor or other similar dispute except in accordance with applicable law. Except as provided elsewhere, if a Party is so delayed in its performance, it shall promptly notify the other Party. The Parties shall use their reasonable efforts to minimize the duration and consequences of any delay or failure of performance resulting from a Force Majeure event.
ASSIGNMENT. We may assign Our rights under this Agreement at any time, without notice to You. Affiliate’s rights arising under this Agreement cannot be assigned by Affiliate without Our or Our assigns express written consent.
DISPUTE RESOLUTION – ARBITRATION – Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association under its Arbitration Rules. The number of arbitrators shall be one. The place of arbitration shall be Dallas, Texas. Texas law shall apply. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. This arbitration agreement waives a trial before a judge or jury and the rights of appeal from such arbitration may be limited. Affiliate agrees and understands that punitive damages will not be recoverable. Affiliate has had the opportunity to retain counsel to review this Agreement and Affiliate has been fully apprised of the advantages and disadvantages arbitration and has been given sufficient information to make an informed decision about whether to agree to arbitration.
DISPUTE RESOLUTION – MEDIATION – Prior to resolving any controversy or claim arising out of or relating to this Agreement pursuant to the Dispute Resolution – Arbitration clause, Affiliate is required to attempt to resolve the dispute by mandatory mediation administered by a mediation firm to be chosen solely at Our discretion. The number of mediators shall be one. The place of mediation shall be Dallas, Texas. Texas law shall apply.
JURISDICTION – This Agreement is entered into in Dallas County, Texas. Furthermore, this Agreement contains all the agreements of the parties. This Agreement is binding on the Affiliate’s heirs, executors, administrators and guardians of the person or estate.
ENFORCEABILITY – If any provision of this Agreement shall be invalid, illegal or otherwise unenforceable, such provision shall be severable from other provisions of this Agreement, and the validity, legality and enforceability of the remaining provisions of this Agreement shall not be adversely affected or impaired, and shall thereby remain in full force and effect.
WAIVER OF CLASS ACTION CLAIMS. Affiliate understands and agrees that Affiliate will not have the right to participate in a representative capacity or as a member of any class of claimants pertaining to any claims that may arise under, or be in any way related to, this Agreement. There is no right or authority for any claim Affiliate has against Us to be brought on a class action basis or on any basis involving claims brought in a purported representative capacity on behalf of the general public, or on behalf of other persons or entities similarly situated. Claims brought against Us may not be joined or consolidated with claims brought by anyone else.
LIMITATIONS PERIOD. Any claim brought in arbitration must be brought within ONE YEAR of the occurrence that is the subject of the claim irrespective of the statute of limitations of any jurisdiction. Any claim made beyond the one year threshold will be considered waived accept as it pertains to breaches of confidentiality, rights under the indemnification provisions herein or violations of intellectual property and/or trade secret law.
INJUNCTIVE RELIEF. Prior to, during, or following any arbitration proceeding. Nothing in this Agreement prevents Us from applying to and obtaining from any court having jurisdiction a temporary injunction, preliminary injunction, permanent injunction, or other relief available to protect Our rights.
Affiliate unconditionally recognizes, agrees, represents, and warrants to Us that in the event Affiliate violates of any provision of this Agreement at any time (including but not limited to prior to, during, or following any arbitration proceeding) immediate and irreparable damage will result to Us and, accordingly, Affiliate hereby unconditionally consents to the entry of temporary, preliminary, permanent injunctive relief, and/or any other relief available to protect Our rights by the court in Dallas County, Texas (or any other court of competent jurisdiction at Our discretion only) against Affiliate to restrain any such violation in addition to any other remedies or claims for money damages that We may seek;
ATTORNEYS’ FEES. Affiliate agrees that in the event of any arbitration or litigation, each Party will each bear its own costs and attorneys’ fees, regardless of who is deemed the prevailing party. The foregoing notwithstanding, if either Affiliate or We commences an action in a court of law or equity and the responding Party successfully moves such court to compel arbitration, the Party who moved for the order compelling arbitration shall be entitled to recover its reasonable costs and attorneys’ fees incurred on the motion to compel from the other Party.
ENTIRE AGREEMENT. This Agreement, along with Our standard Terms and Conditions represents the entire agreement between the Parties and supersede any other written or oral agreement between the Parties as pertaining to Affiliate’s rights and responsibilities as an Affiliate.
MODIFICATION OF TERMS. We may change the terms of this Agreement and Our standard Terms and Conditions at any time by Us in Our sole and absolute discretion only or we may cancel this Agreement or affiliate program for any reason or for no reason at all and such changes will be binding on Affiliate immediately. Affiliate shall have no right to dispute the Modification of Terms and the Affiliate’s by Us in Our sole and absolute recourse is to cancel this Agreement and no longer be an Affiliate with Us. No amendment to this Agreement or Our standard Terms and Conditions shall be valid unless authored or signed by Us. Affiliate’s continued acceptance of Commission payments constitutes Affiliate’s acceptance to any modifications or amendments to this Agreement.
NO WAIVER. No waiver by Us of any right reserved or granted to Us under this Agreement shall be effective unless the waiver is in writing and signed by an authorized representative of Us
NOTICE. Any notice required to be given to Us under or related to this Agreement shall be in writing, addressed as follows:
6060 N. Central Expy #500
Dallas, Texas 75206
e-mail: Steven at StevenPalmieri dot com