TED THOMAS AFFILIATE
& JOINT VENTURE MARKETING PROGRAM AGREEMENT
TERMS AND CONDITIONS Effective January 1st, 2022
THIS AFFILIATE MARKETING PROGRAM AGREEMENT (“Agreement”) is made by and between
Jones & Trevor Marketing, Inc., a Nevada Corporation (“JTM”, “We”, “Our” or “Us,” as applicable), and You, as an affiliate (“You”, “Your”, “Partner” or “Affiliate,” as applicable) for purposes of the Ted Thomas Affiliate & Joint Venture Marketing Program (“Program”) and Your receipt of Jones & Trevor Marketing, Inc authorized marketing materials related thereto (“JTM Marketing Materials”). You must agree to abide by the terms and conditions contained in this Agreement in order to participate in the Program. Please read this Agreement carefully before registering for the Program. By registering as an Affiliate or Partner of the Program, You indicate Your acceptance to the Terms and Conditions below. JTM reserves the right to change, modify, add or remove portions of this Agreement at any time and may add to, change, suspend or discontinue any aspect of the Program at any time. Any changes made will be posted to the www.jvwithted.com web site, and it is Your responsibility to check the web site for any changes.
- As used in this Agreement, the terms noted below shall be defined as follows:
“Affiliate” means an individual or business generating his, her or its own traffic and thus shall be rewarded for legitimate click through leads that benefits JTM through the Program. Affiliates use the Program to gain tracking, reporting and receipt of Sales Commission payments.
“Visitor” means any person, or user that clicks on a JTM provided link to a JTM website, JTM webinar, JTM sales page accessed through an Affiliate’s website e-mail, or social media posting.
“Sale Commission” means the amount that JTM has agreed to pay to each Affiliate for each Visitor referred to a JTM web site that results in an authorized, legitimate sale by JTM of one of its products or services. Sales Commissions will be based on net sales minus any refunds. Sales Commissions are only paid for sales made by Affiliates to third parties. Sales Commissions will not be paid for sales made to Affiliates themselves or for sales shipped to the Affiliates address.
“Link” means a hyperlink provided by JTM and placed either on Affiliate’s own web site, distributed by the Affiliate via e-mail, included in social media posting by the Affiliate, or a sponsored link displayed as part of any Internet search engine results that, when clicked on, sends a Visitor to a JTM website. Links take many forms including text, a product image, buttons, banners, video or any other format acceptable to JTM.
“Your Account” or “Account” means the specific account within the Program where Sales Commissions are tracked, reported and calculated.
GENERAL TERMS AND CONDITIONS
The Program allows Affiliates to participate in JTM’s marketing efforts. As an Affiliate, You may post or link to JTM Marketing Materials on Your independent web site, via emails you send out, through postings to social media sites, or otherwise in Links that You sponsor. All Affiliate relationships will be conducted and managed through the Program. In order to place Links, You must first be approved by Ted Thomas to become an Affiliate. The current Sale Commission rate is 50% , but JTM reserves the right to change the Sale Commission rate at any time by posting a revised rate on these Terms and Conditions and by informing Affiliates of the change via email to the then current email listed in the Affiliate’s record. Sale Commissions will be calculated each month and payment of the same will be held for 60 days after JTM’s receipt of customer’s payment to allow for any refunds to be deducted. In the event You violate these Terms and Conditions or We discontinue the Program, we may, in our sole discretion, remove You from the Program with a complete forfeit of all Sale Commissions. We may email You with any changes or updates to the Marketing Materials, the Program and/or JTM’s related products and services.
You may not post any JTM Marketing Materials on any hate sites, adult sites, or any other web sites determined by JTM to be ineligible for participation in the Program. JTM reserves the right to terminate this Agreement with You without further notice or compensation if it deems Your web site inappropriate. All statistics as collected and calculated by JTM will be the only valid method for calculating the Sale Commissions. Any page that contains JTM Marketing Materials must be written in English. As an Affiliate, You may only have 1 (one) Account (“Your Account”). You can list multiple domains in Your Account, but only one Account is allowed. Your physical address listed for receiving checks MUST be Your actual address. The use of mail forwarding services, for the purpose of avoiding network demographics, is NOT allowed. You cannot SPAM. Do NOT send unsolicited communication (including, but not limited to email, SMS, fax, voice broadcast) to lists or groups to whom You do not have permission to send such messages. JTM will terminate Your account on the first offense of SPAMMING. You may place banners or links within Your newsletters, in the content of Your web site, or within your accounts on acceptable social media sites, or other web-related content. The integrity of all JTM Marketing Materials must remain intact. You may not change, adapt, reword or alter the copy or content of any JTM Marketing Materials in any way without the prior written consent of JTM and any failure to comply with this policy will result in the termination of Your status as an Affiliate and Your forfeit of all earned but unpaid Sale Commissions.
Fraud is a serious offense, and will be treated as such. As used herein, “Fraud” means any action that intentionally attempts to create false sales, leads, or click-throughs using robots, frames, iframes, scripts, or manually “refreshing” of pages, for the sole purpose of creating Sale Commissions. Misuse of JTM Marketing Materials, including the use of banners or links in unapproved areas, such as newsgroups, chat rooms, ICQ, message boards, banner networks, hit farms, counters, or guest books etc. is cause for Your Account to be terminated with a forfeit of all Your Sale Commissions. Reporting or committing false or fraudulent transactions in an effort in increase Your Sale Commissions is illegal, will not be tolerated, and will result in termination of Your Account and forfeit of all Your Sale Commissions. ANY ATTEMPTED FRAUD OR FRAUD WILL RESULT IN YOU BEING TERMINATED, YOUR FORFEIT OF ALL SALE COMMISSIONS AND MAY RESULT IN THE FRAUD BEING REPORTED TO LEGAL AUTHORITIES.
JTM respects the privacy of its Affiliates and will not disclose personal information to third parties without the express permission of You and Your company. If You have any questions please contact email@example.com JTM makes no representations whatsoever about any other Web site which You may access through the Program. In addition, a Link to a non-JTM Web site does not mean that JTM endorses or accepts any responsibility for the content or the use of such Web site.
To register as an Affiliate, You must be at least 18 (eighteen) years of age, and if you are a US resident, supply a valid tax identification number by submitting a completed and signed W-9 (Request for Taxpayer Identification Number & Certification), which may be Your social security number for individuals or an IRS-issued employer identification number for corporations or other entities; or if you reside or conduct your primary business outside of the United States, you must provide JTM with a completed W-8BEN (Certificate of Foreign Status of Beneficial Owner for United States Tax Withholding and Reporting (Individuals) if you are an individual or a W-8BEN-E (Certificate of Status of Beneficial Owner for United States Tax Withholding and Reporting (Entities) if you are a non-United States registered business. To become an Affiliate, you must complete the online Ted Thomas Affiliate & Joint Venture Marketing Program Application and submit either the W-9 or W-8BEN forms. You shall notify JTM by e-mail at firstname.lastname@example.org of any known or suspected unauthorized uses of JTM Marketing Materials posted on any web site you own or control, or any known or suspected breach of security concerning any JTM Marketing Materials.
In presenting JTM to prospects, You agree that such presentations shall be strictly according to the Company format and that You will be terminated as a JTM Affiliate Partner if You fail to do so.
In order to maintain a viable Marketing Program and to comply with changes in federal state or local laws in various areas, JTM may from time to time modify, at its sole discretion, any policy, procedure, practice, methodology in place at the time You executed this agreement. Therefore, this Agreement shall be deemed in effect upon its receipt and acceptance by JTM. Such alterations shall become a binding part of this Agreement upon publication on the official JTM Distributor Website, publication in any company Newsletter, or notification by e-mail or standard mail.
You will not promote my JTM business nor use the Company name, or the trade names, logos, sales materials, trademarks or service marks of JTM, except in materials provided by the Company or approved in writing by JTM prior to their use by you. You understand that unauthorized use or duplication of trademarks or copyrighted materials is a violation of applicable law.
You hereby agree that You will not plan, participate in, or organize any public meeting, outside of your residence or usual place of business, for or about JTM’s product, without the prior approval and consent of JTM in writing, and understand that doing so is grounds for immediate termination of this agreement.
You will not make false or misleading statements about JTM’s products or the JTM Services, Benefits, or Joint Venture programs. Display of earnings statements and the making of income projections to prospective JTM prospects are strictly forbidden.
All information relating to JTM’s business plan, business, systems, marketing strategies and genealogical information are proprietary and confidential to JTM. At JTM’s discretion, proprietary and/or confidential information may be forwarded to Affiliate Partners, in strict and complete confidence, to help them manage their JTM organization, and for no other purpose. Every Affiliate Partner who is provided with such information must treat it as confidential and take care to maintain its secrecy and refrain from making any use thereof for any purpose other than management of his/her organization. Any violation of this policy by an Affiliate Partner will result in the immediate termination of the offending Affiliate Partner’s Agreement. Furthermore, the offending Affiliate Partner(s) could be subject to legal action for injunctive relief and/or damages including punitive damages. This prohibition is necessary in order to protect the proprietary and confidential nature of genealogical information and other business, systems and marketing strategies available to JTM. This information, if known to competitors, would cause JTM grievous harm.
LIMITATION OF LIABILITY
JTM has no responsibility or liability as a result of Your placement of authorized Links from Your Web site and You agree to indemnify, defend, and hold harmless JTM and its affiliates, officers, directors, employees and agents from and against any and all liability, claims, losses, damages, injuries or expenses (including reasonable attorneys’ fees) directly or indirectly arising from or relating to any offer or any other matter related to this Agreement or the subject matter hereof and any dispute relating thereto.
OWNERSHIP AND LICENSES
Each Affiliate is granted a non-exclusive, limited, revocable right to use the JTM Marketing Materials. All images, technology and content provided for Your use is and shall remain the sole property of JTM and no part thereof shall be deemed assigned or licensed to You unless expressly stated in writing by JTM. All intellectual property rights, including trademarks, copyrights, patent rights or applications, trade names and service marks related to the foregoing shall remain JTM’s sole property, including rights in and to any derivatives thereof. You may not modify the trademarks, banners, the content or any of the images provided to You in any way. JTM may immediately terminate Your license to use the JTM Marketing Materials and all related marks if JTM reasonably believes that such use dilutes, tarnishes or blurs the value of JTM’s marks. You acknowledge that Your use of the JTM Marketing Materials and the JTM marks will not give You ownership, nor will You represent that You have, any right, title or interest in or to such items other than the license granted by JTM. You will not challenge the validity of or attempt to register any of the marks or Your interest therein as a licensee, nor will You adopt any derivative or confusingly similar names, brands or marks or create any combination marks with the marks. You acknowledge JTM’s ownership and exclusive right to use the marks and agree that all goodwill arising as a result of the use of the marks shall be to the benefit of JTM.
This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and permitted assigns. This Agreement or any rights or obligations hereunder may not be assigned or otherwise transferred by You to any third party without the prior written consent of JTM.
The term of this Agreement shall commence upon JTM’s approval of Your Ted Thomas Affiliate & Joint Venture Marketing Program Application and shall terminate when either You or We provides written notice of termination to the other party hereto.
This Agreement shall be governed by the State of Florida, regardless of conflicts of law. The exclusive forum for any actions brought in connection with this Agreement shall be in the state and federal courts in and for the State of Florida, USA and You consent to such jurisdiction.
For New York State Based Publishers: By participating in Program, You acknowledge that under current New York State law, further solicitation and promotional activities by any ad network/publisher within New York State may subject JTM and its associated companies to liability for collecting New York State sales tax on all sales to New York customers. Therefore, as a condition of receiving the JTM Marketing Materials, You are prohibited from engaging in any other solicitation activities within New York State intended to refer potential customers to our websites, including, but not limited to: distributing flyers, coupons, newsletters and other printed materials, or electronic equivalents of such materials; engaging in verbal solicitation, including in-person referrals or initiating telephone calls; any direct-to-merchant, pay-per-click activity; and sending any emails intended to refer customers to JTM and/or its associated companies. In order to remain a member of the Program, You will also be required to submit to JTM an annual Certificate of Compliance under which You confirm Your compliance with the obligations referenced in this paragraph and You will acknowledge that all statements made in the Certificate of Compliance are subject to the review of the New York State Tax Department.
YOUR ACCEPTANCE OF AND ENTRY INTO PROGRAM IS EXPRESSLY MADE CONDITIONAL ON YOUR ASSENT TO THE TERMS SET FORTH HEREIN. If any provision of this Agreement is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable and the remaining provisions shall in no way be affected or impaired. JTM’s relationship with respect to Affiliate is that of an independent contractor. Nothing herein shall be deemed to create a relationship of agency or partnership. These Terms and Conditions and the Ted Thomas Affiliate & Joint Venture Marketing Program Application represent the entire agreement between You and JTM with respect to the Program.