By Signing Up, You Agree To The Following

Affiliate Program Terms and Policies

By participating in the Jody Holland, Inc. Affiliate Program (“Program”), you agree with the terms and policies set forth in the agreement (“Agreement”) below. Please read the entire Agreement. It is a legal agreement between you and Jody Holland, Inc. By submitting the online application, you are agreeing that you have read and understood the terms and policies of this Agreement, and that, if Jody Holland, Inc accepts your application, you agree to be legally responsible for each and every term and policy.

Your participation in the Program is solely for the purpose of legally advertising Jody Holland, Inc to receive a commission on products purchased by your referrals.

This Agreement begins when Jody Holland, Inc accepts you into the Program, is contingent upon your participation in the Jody Holland, Inc promotions, and will end when your participation is terminated.

Jody Holland, Inc may change the Program or this

Agreement at any time without notice. If any change to the Program or the Agreement is unacceptable to you, your only choice is to terminate your participation. Your continuing participation in the Program will constitute your acceptance of any change.

You or Jody Holland, Inc may suspend or terminate your participation in the Program at any time for any reason. You are only eligible to earn commissions while you are participating in the Program in accordance with the terms of this Agreement.

Consent To Be Contacted

You expressly consent to be contacted at the email address and the phone number You provide in Your application about Your application and the Affiliate program, including through automated dialing systems, texts, and artificial or pre-recorded messages. This consent is a material condition of this Agreement and may not be revoked except in writing by both Parties.

Referrals

Jody Holland, Inc will attribute referrals to you based on a tracking code embedded in your affiliate links.

Jody Holland, Inc uses an affiliate tracking system. When a referral clicks through your affiliate link, it sets a cookie in the browser that contains your tracking code. It also tracks other information, such as the IP address of the referral, in its database along with your tracking code. Cookies generally remain embedded in a browser for 30 days unless deleted by the referral user. When the referral decides to buy a product at Jody Holland, Inc, a script will look for the cookie, or try to match the IP address, or use similar technology to identify you and award the commission. Referrals from your affiliate link may make a purchase at a later time and Jody Holland, Inc will still award the commission if the cookie is still present in the browser or the IP address still matches one logged in the database.

In the event that a prospect (“Prospect”) has multiple Affiliate cookies (“Cookies”), the most recently-acquired Cookie will determine which Affiliate is credited with a Sale. There are some products and services sold that do not have trial periods.

Jody Holland, Inc reserves the right to refuse service to any referral.

Commissions

Jody Holland, Inc will pay you a commission on products purchased by your referrals according to the designated payment schedule.  Payments are automated through PayPal transfer.

Jody Holland, Inc uses the affiliate tracking system to tabulate and track sales and commission payments due to our affiliates after the tracking process and purchases are completed. Through the website, you will have access to the information we use to determine commissions we owe you. To receive commissions, you must remain active as an affiliate.  An active affiliate is defined as one who has a minimum of 1 new sale per annual quarter.

Jody Holland, Inc reserves the right to increase or decrease commission rates from time to time as it sees fit.

There is no maximum commission limit.

If a referral returns a product or if the referral requests a chargeback on the purchase, you will not receive a commission. Jody Holland, Inc returns all money to the customer, so you must also return your portion of the sale.

Because our payment processors require a 30-day return period for all Jody Holland, Inc products, and because of periodic processing, Jody Holland, Inc may hold your commission payout for a period of up to 45 days.

The percentage paid as Commissions are as follows:

1. Front-End Affiliate: 20% Commission on front-end offers
2. Live Event Tickets: 10% Commission on tickets

Term And Termination

The term of this Agreement will begin the earlier of (i) when You click “I accept the Terms and Conditions” and submit; or (ii) Your participation in the Affiliate program is approved. Your participation in the Jody Holland, Inc Affiliate program will continue month-to-month until terminated. Either Party may terminate this Agreement at any time, with or without cause, by giving the other Party thirty (30) days’ written notice of termination.  If in our sole discretion, you fail, or we suspect that you have failed, to comply with any term or provision of the Agreement or the Terms of Service, or violated any law, whether, in connection with Your use of Jody Holland, Inc or otherwise, we may terminate the Agreement or suspend Your access to the Affiliate website (“Website”) at any time without notice to You. In such an instance, and in our sole discretion, we may also for the aforementioned reasons, terminate our relationship and suspend any accounts owned/controlled by You.  For the avoidance of doubt, and without limitation for purposes of the foregoing, any violation of the required disclosure will be deemed a material breach of this Agreement. See Appendix A, Section 2, Disclosure. In the event this Agreement is canceled due to Your breach, You immediately forfeit all Commissions, Legacy Bonuses, and any other payments owed to You or that may in the future be owed to You without any further liability by Jody Holland, Inc or its affiliates or partners to You.

This Agreement will terminate automatically if You earn no (zero) new Commissions over a 12-month period.  

If this Agreement is terminated or canceled, then all provisions that, by their nature, should survive, will survive, including, but not necessarily limited to, all limitations of liability, disclaimers of warranties, indemnity obligations, mandatory arbitration, and class action waiver provisions, and exceptions to arbitration.  All representations and warranties undertaken by You shall also survive termination or cancellation of this Agreement and/or Your Jody Holland, Inc account.

Reversals

Jody Holland, Inc reserves the right to reverse orders due to order cancellations, duplicate tracking, returns, disputed charges, and program violations as outlined in these terms and policies.

Additionally, if we ask you for clarification or more information on any orders or clicks that we suspect may be in violation of our terms and policies, we expect that you will respond in a timely and honest manner. Below are violations of our communications policy.

• You are not forthcoming, you are intentionally vague, or you are found to be lying.
• You are not responsive within a reasonable time period and after multiple attempts to make contact using the information listed in your network profile.
• You cannot substantiate or validate the source of your traffic to our program with clear and demonstrable proof.

If any of the above apply, then we reserve the absolute right to suspend you from the Program, reverse orders, modify payouts, set your commission to 0%, or immediately terminate your participation in the Program. We know that many violations are a result of automated processes; however, it is incumbent upon each affiliate to ensure that it has the appropriate checks and balances in place to address such issues proactively and to adhere to the terms and policies of this Agreement.

Assets

The tools, products, and creative assets (collectively "Assets") that Jody Holland, Inc provides to you include valuable information vital to the success of the Program, including a tracking code that Jody Holland, Inc uses to attribute referrals to you.

Jody Holland, Inc grants to you a nonexclusive, nontransferable license ("License") to use Assets as specified under the terms and policies of this Agreement.

The term of the License shall expire upon your departure from the Program or termination of this Agreement.

You will use the Assets as Jody Holland, Inc instructs:

• You agree that you will not corrupt, modify, or disable the tracking functionality in the Assets.
• You will not alter, add to, subtract from, or otherwise modify the Assets as Jody Holland, Inc provides them unless you obtain prior written consent from Jody Holland, Inc.
• You may only use the Assets for the purpose of promoting Jody Holland, Inc and its products or services.
• Jody Holland, Inc retains all rights, ownership, and interest in the Assets, and in any copyright, trademark, or other intellectual property in the Assets. Nothing in this Agreement shall be construed to grant you any rights, ownership, or interest in the Assets, or in the underlying intellectual property, other than the License to use Assets as granted in this Agreement.
• You will not make any claim to ownership of the Assets, or of the copyright, trademark, or other intellectual property therein.
• You will not publish or otherwise distribute any other advertising materials that reference Jody Holland, Inc unless Jody Holland, Inc gives prior written consent to the distribution of such materials.

Email

Under no circumstances shall you send commercial electronic mail messages as defined in the Federal spam law, CAN-SPAM Act of 2003 (“Act”), with respect to the Jody Holland, Inc affiliate program.

Jody Holland, Inc reserves the right to collect, withhold, or cancel any and all compensation related to commercial electronic mail messages you send.

You may send transactional or relationship messages as defined in the Act.

Social Media

Jody Holland, Inc permits you to promote offers on Facebook, Twitter, blogs, discussion forums, and other social media following these general guidelines:

• You ARE ALLOWED to post your affiliate links on your own social media.
• You ARE PROHIBITED from posting your affiliate links on the social media of Jody Holland, Inc or its subsidiaries.

Relationship

This Agreement shall not be construed to create any employment relationship, agency relationship, or partnership between you and Jody Holland, Inc. You will provide services for Jody Holland, Inc as an independent contractor. You will have no authority to bind Jody Holland, Inc into any agreement, nor will you be considered an agent of Jody Holland, Inc in any respect.

Jody Holland, Inc will not be responsible for any taxes that you owe arising out of your relationship with Jody Holland, Inc as set forth in this Agreement. Jody Holland, Inc will not withhold any taxes from the commissions paid to you.

You shall include a disclosure statement within any and all pages or posts where you use affiliate links in an endorsement or review, and where it is not clear that the link is a paid advertisement. This disclosure statement should be clear and concise, stating that Jody Holland,

Inc is compensating you for your review or endorsement.

Prohibited Claims

You shall not make claims that Jody Holland, Inc products or services guarantee any specific result.

Warranties

Jody Holland, Inc makes no express or implied warranties or representations with respect to the Program.

Jody Holland, Inc makes no representation that the operation of the Program will be uninterrupted or error-free, and Jody Holland, Inc will not be liable for the consequences of any interruptions or errors.

You represent and warrant the following:

• You have the legal authority to enter into this Agreement and to be bound to the terms and policies set forth in this Agreement.
• Your website does not contain any materials that are:
• Unlawful or solicitous of behavior that is unlawful in the United States;
• Unlawful or solicitous of behavior that is unlawful in the geographic area from which you operate.

3) You have obtained any necessary clearances, licenses, or other permissions for any intellectual property used on your website. Nothing on your website infringes upon the intellectual property rights of any person or entity. No person or entity has brought or threatened an action claiming such infringement, nor do you have any reason to believe that any person or entity will bring or threaten such a claim in the future.

4) You do not compete with Jody Holland, Inc . You are not an employee, agent, or partner with any person or company that competes with Jody Holland, Inc. You may not be an affiliate with or an independent contractor to persons or companies that compete with Jody Holland, Inc.

Indemnification

You will indemnify and hold harmless Jody Holland, Inc from any claim, damage, lawsuit, action, complaint, or other costs arising out of any breach of your warranties set forth above. You will also indemnify and hold harmless Jody Holland, Inc for any damage, loss, or other cost arising out of your use or misuse of the Assets.

Confidentiality

Any information that you are exposed to by virtue of your relationship with Jody Holland, Inc under these terms and policies, which information is not available to the general public, shall be considered to be confidential company information. You may not disclose any confidential company information to any person or entity, except where compelled by law, unless you obtain prior written consent for such disclosure from Jody Holland, Inc.

Liability

Jody Holland, Inc will not be liable for any loss of profits or costs, or for any direct, indirect, special, incidental, or consequential damages, including costs associated with the procurement of substitute goods or services (whether Jody Holland, Inc was or should have been aware or advised of the possibility of such damage), arising out of or associated with any loss, suspension, or interruption of service, termination of this Agreement, use or misuse of the Assets, or other performance of services under this Agreement.

Latest update: November 27, 2020

We look forward to working with you!