Affiliate Terms & Conditions
These Affiliate Terms & Conditions were last updated on July 17, 2023.
THIS IS A LEGAL AGREEMENT BETWEEN YOU (“YOU”, “YOUR”, OR “YOURS”), AND LIFE MENTOR LLC., A DELAWARE CORPORATION LOCATED IN LEWES, DELAWARE, UNITED STATES OF AMERICA (“LIFEMENTOR”, “WE”, “US”, OR “OUR”). BY CLICKING ON THE "I ACCEPT" BUTTON AT THE END OF THESE AFFILIATE TERMS AND CONDITIONS (“AFFILIATE TERMS”) YOU ARE AGREEING THAT YOU HAVE READ AND UNDERSTAND THESE AFFILIATE TERMS AND THAT YOU AGREE TO BE LEGALLY RESPONSIBLE FOR EACH AND EVERY TERM AND CONDITION HEREIN.
Any translations of these Affiliate Terms into languages other than English are provided for your convenience, and you understand and agree that in the event of a dispute, the English translation will take precedence.
The definitions given to all capitalized terms in LifeMentor's Terms of Use, Pricing and Promotions Policy or the Publisher Membership Agreement apply to all instances where they are used in this document but are not otherwise defined.
1. Introduction
The entire agreement between You and LifeMentor's affiliate program (the "Affiliate Program") is set forth in these Affiliate Terms. These Affiliate Terms are intended to give You the ability to earn affiliate commissions from purchases made through Your website that go toward Our Services in the manner specified herein.
2. Joining the Affiliate Program
(a) Application Completion. You must submit an application to the affiliate program (the "Application") if you have not already. In addition to identifying Your website and outlining how you intend to advertise LifeMentor's services on it, you must also include some contact information.
(b) The approval of your application. You will get an email letting you know that your application has been approved if we decide to accept it. You acknowledge and agree that We have the right, in our sole discretion, to accept or reject Your application. Your Application will be denied if any of the data You provide is untrue or incomplete, if Your website promotes sexual, pornographic, violent, or defamatory content, if You or Your website discriminate, break any laws that may be in force, infringe on someone else's intellectual property rights, or for any other reason We may deem appropriate to deny Your Application.
(c) Access to our Affiliate Program. You will receive a welcome email from Us with your login information if We accept Your Application, allowing You to access Our secure affiliate center. You can access Your reports, which will explain how We determined the affiliate commissions owed to You, download Promotional Materials and Qualifying Links from this center. You are in charge of maintaining the security of your username and password. Banners, text links, article copy, and data feed access are all considered promotional materials for the sake of clarity.
(d) You agree to maintain the accuracy, completeness, and currentness of all of your information, including your email address. The email address linked to your account may receive communications from us. Even if the email address connected to your account is no longer valid, all notifications, approvals, and other communications sent to that address will be considered delivered to you.
(e) You must adhere to all FTC regulations and be in good standing with the Federal Trade Commission (the "FTC"). Additionally, you acknowledge as an Affiliate that you have read the terms on the Official FTC Website and fully accept them.
3. Specific Obligations of Affiliates
You represent, warrant, and promise as a participant in Our Affiliate Program that You will:
(a) Link to Our Services. According to the referral guidelines outlined in the Affiliate Program ("Referral Specifications"), you will put in place the links, banners, and other methods of linking Your website to Our Services (collectively, "Referral Links"). You can download specific technical materials from this page, including links, HTML code, banner ads, copy, and other content, as well as any related documentation (collectively, "Referral Materials"). You may be eligible to receive commissions for eligible individual marketplace transaction purchases made by Our customers who click through the Referral Links to make a purchase on the LifeMentor website, as detailed in Affiliate Commissions.
(b) Maintain Your Website: You are responsible for keeping Your website up to date. Any modifications to these Terms and our Referral Materials will be communicated to you by email from LifeMentor. To maintain consistency and accuracy between Our Services and the Referral Specifications, You will need to update the Referral Materials on Your website as a participant in Our Affiliate Program and as a result of the regular updating of Our information.
(d) Adhere to and Comply with All Copyright Laws: You are solely responsible for adhering to and ensuring that Your website complies with all copyright and other laws that may apply. If You use someone else's copyrighted content illegally, we will not be held liable.
(e) Do not solicit Our Instructors: As a participant in Our Affiliate Program, You hereby covenant not to directly or indirectly, for Your own account or on behalf of another, solicit business away from, or solicit, induce, influence, or encourage any of Our Instructors to upload their LifeMentor Course(s) on Your websites and/or platforms, or to otherwise change, terminate, or breach their agreement with Us.
4. Affiliate Obligations
As a participant in our affiliate program, you acknowledge and accept that:
(a) You Grant Us the Right to Monitor Your Website: You grant Us the right to monitor your website at any time to check that you are abiding by these affiliate terms and to let you know if there are any changes you need to make to stay compliant. Additionally, You agree to abide by any requests we make for you to remove particular content from your website. Failure to do so constitutes a breach of these Terms and will result in the revocation of Your affiliate status.
(b) We Set the Policies for Referred Customers: We reserve the right to determine who qualifies as a customer by virtue of a referral made through the Affiliate Program. Such referred clients will be subject to all of Our terms, conditions, policies, and operational guidelines that apply to Our Users. Our Terms of Use and other terms that we may post from time to time further describe how we reserve the right to modify these terms, rules, policies, and operating procedures at any time.
(c) You will not advertise LifeMentor using paid media buys or advertising that directs visitors to the LifeMentor website (located at www.lifementor.io). As an affiliate, you will not place bids on LifeMentor-branded keywords. Unless LifeMentor gives direct approval, this rule applies to all affiliates and advertising platforms.
(d) You agree not to use Our company name or any misspellings or variations of Our company name in your domain names or social media pages. For example, you are not allowed to buy or register domain names that contain Our company name or any misspellings or variations of Our company name in order to run affiliate promotions. Furthermore, you are not permitted to use Our Company name, variations of Our company name, or the visual style of Our own social media pages on any social media pages (for example, a Facebook fan page) where you conduct affiliate marketing campaigns.
(e) You are responsible for the content of your website. You are not permitted to advertise Our content or the courses taught by Our Instructors on any website that contains material that is false, defamatory, obscene, unlawful, bigoted, pornographic, or otherwise objectionable in Our opinion.
(f) You will not advertise using cookie-stuffing: You are not allowed to employ click-generators or cookie-stuffing strategies that set the tracking cookie before the user has even clicked on the referral link. By using a robot, software program, or any other method, you will not artificially increase the number of clicks, impressions, or visits to your website or the LifeMentor website.
(g) You will not copy or imitate Our media or content: Publishers are required to ensure that their media does not give the impression that they are a part of Our company's website by copying or imitating the layout and design of the LifeMentor website. You are aware that it is forbidden to directly quote any of the words found on Our pages unless you are describing the information on a specific course landing page.
(h) You are accountable for how you use the content on our website. Using pages from our website as a guide, you are free to create your own promotional materials. In order to accurately promote the products on Your website, you may also use certain images and passages of text from Our pages. However, You MAY NOT download, copy, or use course supplements (PDFs, quizzes, or additional material), lesson summaries, free or paid video content, and upload them to Your own site(s). Your affiliate account may be immediately terminated if this clause is violated.
(i) You will not use spyware, malware, viruses, or similar software: You are not allowed to include on your website, display, or otherwise make use of Referral Links or other Content that makes use of spyware, malware, viruses, or other software applications that users have not expressly and knowingly given their consent to download or install on their computer or other electronic device.
(j) You will be up front and honest with Us about Your relationship: Unless otherwise expressly permitted by this affiliate Agreement, you may not embellish or misrepresent the connection between you and LifeMentor or imply any relationship or affiliation between you and any other person or entity. You are not allowed to pose as LifeMentor's representative, an employee, or as someone with the power to bind LifeMentor to a contract.
(k) Without LifeMentor's express permission, you are not permitted to use a browser extension to advertise LifeMentor or LifeMentor courses. LifeMentor must approve each and every coupon code that is offered in the extension. Additionally, you acknowledge and accept that your browser extension's feed cannot be updated by users uploading new coupons.
(l) Free courses do not qualify for commissions: Our website offers both paid and unpaid courses. You will not be eligible to receive a commission for any customers you introduce to Us who subsequently sign up for a free course or use a "free promo code" to receive a paid course for free, and that particular sale will not show up on Your affiliate account. Affiliates who only promote free courses or who do so frequently will have their accounts terminated.
(m) You will be careful about the people you work with: You may not employ advertising strategies that draw unreliable clients. We will decide whether a person is a fake customer at our sole discretion.
(n) You will make sure that all of your sub-affiliates abide by Our terms: As long as your sub-affiliates abide by Our Affiliate Terms, you are permitted to work with a sub-affiliate network. You are aware that it is Your responsibility to ensure that Your sub-affiliates abide by these terms, and that if any of them fail to do so, Your affiliate account may be terminated.
(o) For LifeMentor employees who are also LifeMentor Affiliates: When promoting LifeMentor as an affiliate, you will make it clear that you are a LifeMentor employee. As a LifeMentor employee, You Agree to Clearly State Your Employee and Affiliate Relationship with LifeMentor via a Disclaimer in All Promotional Posts or Promotions containing LifeMentor Affiliate Links.
Following Our approval of Your application, these Affiliate Terms will go into effect.
5. Affiliate Commissions
(a) Eligibility: During the term of these Affiliate Terms, You are eligible to receive affiliate commissions through Referrals (as defined in section (b) below), in accordance with the calculation outlined below, with the exception of jurisdictions where such a transaction is prohibited.
(b) The sum owed: The following formula will be used to determine the precise affiliate commission payment due to you at the end of each quarter:
The offers that are available to you in your Publisher account have the affiliate commission set up. When You use the Referral Materials in accordance with the Referral Specifications to send a paying customer from Your website to Our website, this is referred to as a "Referral." We reserve the right to accept a referral as a user of Our services.
(c) Affiliate commission payments are made on a monthly basis. The payment method you have chosen in Your affiliate account will determine how your payments are distributed. We reserve the right to withhold any remaining payments due to You in the event that Your account is terminated for violating these Affiliate Terms.
(d) You receive affiliate payments via the affiliate network payment system of Linkshare. Payment is not made directly to any affiliates by LifeMentor. It is the affiliate's responsibility to confirm that they are qualified to receive payments from the LifeMentor affiliate network.
(e) In order to receive affiliate payments, affiliates must pay all applicable fees, taxes, exchange rates, surcharges, and other costs. If any of these apply to your account, kindly inquire with your receiving banking institution.
(f) We may reserve the right to refuse to pay affiliate commissions for any sales made in a jurisdiction if We determine that paying affiliate commissions to You there is prohibited by any applicable laws.
(g) In order to make sure that You receive the correct sum, We may withhold Your final payment for a reasonable period of time.
(h) We reserve the right to withhold any accrued fees if, at any time, there has not been a significant amount of activity on your account for 2 years. Additionally, your account's unpaid fees may be subject to escheatment in accordance with applicable law.
6. Licenses
(a) By agreeing to these Affiliate Terms, You give Us a non-exclusive, non-transferable, revocable right to use Your names, titles, and logos in connection with advertising, marketing, promoting, and otherwise making known Our rights thereunder. However, We are not required to market, publicize, promote, or advertise.
(b) We both consent to refrain from disparaging or otherwise presenting the other in a negative light when using the other's proprietary materials. In the exclusive materials covered by this license, we each reserve the entirety of our respective rights. We each have the right to terminate our agreement under these Affiliate Terms and Your Affiliate status at any time by sending the other a written notice. We each retain all right, title, and interest in our respective rights, and none of our rights, titles, or interests are transferred to the other, aside from the license granted in these Affiliate Terms.
7. Disclaimer
WE MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, ABOUT LIFEMENTOR. THERE ARE NO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, RELIABILITY, OR NON-INFRINGEMENT, AND ALL SUCH WARRANTIES ARE EXPRESSLY DISCLAIMED AND EXCLUDED. ADDITIONALLY, WE DO NOT WARRANT THAT OUR WEBSITE WILL OPERATE WITHOUT INTERRUPTION OR ERROR, AND WE WILL NOT BE RESPONSIBLE FOR THE RESULTS OF ANY INTERRUPTIONS OR ERRORS.
8. Limitations of Liability
WE WILL NOT BE LIABLE TO YOU WITH RESPECT TO ANY SUBJECT MATTER OF THESE AFFILIATE TERMS UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY, OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE OR GOODWILL OR ANTICIPATED PROFITS OR LOST BUSINESS), EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THESE AFFILIATE TERMS, IN NO EVENT SHALL OUR CUMULATIVE LIABILITY TO YOU ARISING OUT OF OR RELATED TO THESE AFFILIATE TERMS, WHETHER BASED IN CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT, OR OTHER LEGAL OR EQUITABLE THEORY, EXCEED THE TOTAL REFERRAL FEES PAID TO YOU UNDER THESE AFFILIATE TERMS.
9. Indemnification
In the event that You violate any of these Affiliate Terms, You agree to defend, indemnify, and hold LifeMentor and its officers, directors, employees, agents, and affiliates harmless from any and all claims, suits, actions, or other proceedings that may be brought against them. You are responsible for covering any and all fees awarded against Us or other costs incurred by Us in connection with or resulting from any such claim, suit, action, or proceeding, including but not limited to reasonable attorneys' fees.
10. Termination
LifeMentor and You may each terminate our agreement at any time, with or without cause, by giving the other party written notice in accordance with these Affiliate Terms. Written notice may be delivered by mail, email, or fax, as appropriate.
11. Modification
LifeMentor reserves the right to modify and/or make changes to these Affiliate Terms at any time, at Our sole discretion. For example, We may change the scope of Referral Fees, payment procedures, Affiliate Program rules, Referral Specifications, or Referral Materials from time to time in order to reflect new or different practices. You will automatically receive an email notifying you of any significant changes to these Affiliate Terms and requesting your consent to them if We do. Modifications will become effective on the day they are posted unless stated otherwise. The only way to stop participating in the Affiliates Program if any modification is unacceptable to You is to delete Us from Your Rakuten Linkshare account as an advertiser. You must accept our updated Affiliate Terms in order to continue using Our Linkshare platform. You should frequently check the Services to make sure you are aware of any updates to the Affiliate Terms because any new Affiliate Terms will take precedence over any earlier Affiliate Terms.
12. Miscellaneous
(a) You affirm and guarantee to Us the following:
(i) You are legally obligated to abide by the terms and conditions outlined in these Affiliate Terms, and they are enforceable against you.
(ii) Without the approval or consent of any other party, you have the full right, power, and authority to accept and be bound by these Affiliate Terms and to carry out Your obligations thereunder;
(iii) You have adequate legal capacity to grant Us the rights set forth in these Affiliate Terms; and,
(iv) BEFORE ACCEPTING THESE AFFILIATE TERMS, YOU HAVE READ AND CONSIDERED THE LIMITATION OF LIABILITY AND WARRANTY DISCLAIMER PROVISIONS OF THESE AFFILIATE TERMS.
(b) Independent Contractors. Regarding the subject matter of these Affiliate Terms, each of us shall be considered independent contractors, and nothing in these Affiliate Terms shall be interpreted or deemed to create any partnership, joint venture, employment, agency, fiduciary, or other relationship of a like nature. You will not say anything that conflicts with or could be interpreted as contradicting anything in this sentence, whether it is on your website or somewhere else.
(c) Assignability. Any attempt by You to assign Your rights or obligations under these Affiliate Terms to another party in violation of this provision will be null and void. These Affiliate Terms are freely assignable by us.
(d) Governing Laws. These Affiliate Terms are deemed to have been made and accepted in the State of Delaware and shall be governed by the substantive laws of that state without reference to its rules on choice of law or conflicts of law, which would otherwise require the application of the laws of another jurisdiction. Any disputes that might arise in relation to these Affiliate Terms will be settled in accordance with our Terms of Use.
(e) Unless agreed to in writing and signed by both of us, you may not modify or waive any provision of these Affiliate Terms.
(f) Entire Agreement. All prior agreements and communications, whether oral or written, between Us and You are superseded by these Affiliate Terms, which serve as the entire understanding between Us and You.
(g) Headings and Titles. These Affiliate Terms' headings and titles are only included for convenience and in no way limit or otherwise change their meaning.
(h) Severability. The remainder of these Affiliate Terms shall remain in full force and effect if any provision of these Affiliate Terms is found to be invalid or unenforceable and such provision shall be eliminated or limited to the minimum extent necessary to effectuate the purposes of the parties.
