By participating in any Marie Forleo International promotions, you hereby agree to the following Terms and Conditions. You also hereby agree to our company’s general Privacy Policy and Terms of Use as listed here. The Terms of Use, Privacy Policy, and Terms and Conditions are collectively referred to as this “Agreement.” If you do not agree to, or cannot comply with, any of the terms and conditions of this Agreement, please do not sign-up or participate in any of our promotions. It is your responsibility to understand the Agreement before signing up. To the extent of any conflict among the various Agreement documents, the conflict shall be resolved in the following descending order of priority: (i) these Terms and Conditions, (ii) the Terms of Use, and (iii) the Privacy Policy.
As an Affiliate Partner, we expect you to comply with all applicable rules, regulations, directives, laws, statutes, ordinances, codes, guidelines, and other legal acts and instruments in any jurisdiction, including those of the Federal Trade Commission (“FTC”) (collectively, “Applicable Laws”) and exhibit honesty and integrity when dealing with clients and prospective clients.
By participating in the marketing launch (the “Promotion”) of any of our products or programs (the “Products”) conducted by Marie Forleo International, Inc. (the “Promoter”), you (the “Affiliate Partner”) agree to abide by the terms and conditions of this Agreement.
Affiliate Partner must be 18 years or older to participate in Promotion. Promoter reserves the unconditional and irrevocable right to accept or deny any Affiliate Partner in its sole discretion or terminate anyone’s participation that enters the Promotion on the Promoter’s website at https://www.marieforleoaffiliates.com/affiliates/ (the “Enrollment Site”) or who drives traffic to the Promoter’s marketing websites under the Time Genius, Marie Forleo Time Genius or Marie Forleo brands and websites (collectively, the “Sites”), or enters the Promotion elsewhere. Promoter may terminate participation of any Affiliate Partner with or without cause.
Affiliate Partner agrees and understands that if its marketing, websites, emails, or any other communications associated with or for this Promotion are deemed inappropriate by Promoter for any reason, that Affiliate Partner will be deemed, at the sole discretion of Promoter, ineligible to participate in the Promotions and disqualified from receiving any recognition, commissions, prizes, or any other compensation or further communication from Promoter.
At the sole discretion of Promoter, Affiliate Partner will be immediately removed from this Promotion and from Promoter’s Affiliate Partner Program and will be in violation of this Agreement if its marketing for this Promotion or for its own sites:
To summarize, you can only use honest, ethical means for promoting our Products, and if you have a creative idea about using the Marie Forleo name, Time Genius, or any of our Promoter Property in a unique way to promote our Products, please contact us first at partners-at-marie-forleo-dot-com.
Promoter reserves the right to revoke Affiliate Partner standing at any time. If Promoter terminates Affiliate Partner from the Promotion for violation of this Agreement, Affiliate Partner will not receive any pending commission and will be disqualified from receiving any recognition, commissions, prizes, or any other compensation from Promoter.
For purposes of this Agreement, “EEA” shall mean, “the member states and member countries of the European Union and European Economic Area, respectively, Switzerland, and the United Kingdom.”
For purposes of this Agreement, “GDPR” shall mean the General Data Protection Regulation 2016/679 and all EEA implementation legislation relating thereto, the Swiss Federal Data Protection Act, and/or the United Kingdom’s Data Protection Act 2018.
To the extent Affiliate Partner is subject to the GDPR, such Affiliate Partner must protect all personal information provided by Marie Forleo that relates to an individual located in the EEA (“EEA Data”) to the same level as the Privacy Shield Principles and for the limited and specified purposes consistent with the consent provided by such individual. Affiliate Partner must notify Promoter if Affiliate Partner can no longer meet the aforementioned obligations and then cease processing of EEA Data or take other reasonable and appropriate steps to remediate such processing so that it is in line with such obligations. Nothing in this section shall limit an Affiliate Partner’s other compliance obligations under the GDPR as applicable.
The California Consumer Privacy Act of 2018 (Cal. Civ. §1798.100, et seq.) (“CCPA”), became effective on January 1, 2020. Pursuant to the CCPA, Affiliate Partner is our “service provider” and is required to comply with its obligations as a service provider under the CCPA and this Agreement. Additionally, pursuant to Promoter’s obligations under the GDPR, Affiliate Partner is required to comply with certain restrictions on the use of personal information Promoter provides to Affiliate Partner.
For the purposes of this section, (a) “personal information” means information that identifies, relates to, describes, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular individual or household, and (b) “sell” or “sale” means selling, renting, releasing, disclosing, disseminating, making available, transferring, or otherwise communicating orally, in writing, or by electronic or other means, an individual’s personal information for monetary or other valuable consideration.
Affiliate Partner acknowledges and agrees that it will not: (i) collect, use, retain, or disclose the personal information of individuals that Promoter provides to Affiliate Partner for any purpose (including, without limitation, for your own purposes, commercial or otherwise) other than for the specific purpose of marketing and participating in the Promotion, driving traffic to the Sites, and administering to individuals any benefits related to the Promotion, (ii) sell such personal information, or (iii) collect, use, retain, or disclose such personal information outside of the direct business relationship between Affiliate Partner and Promoter.
Affiliate Partner certifies that it (i) understands the restrictions and prohibitions on the sale of an individual’s personal information and retaining, using, or disclosing any individual’s personal information outside of the parties’ direct business relationship as set forth in this Agreement and the CCPA, and (ii) will comply with such restrictions and prohibitions.
Affiliate Partner agrees NOT to send any unsolicited email to any party during the Promotion. Promoter has ZERO tolerance toward any Affiliate Partner who spams any party or individual, period. If Affiliate Partner is caught spamming, they will be removed from the Promoter’s Affiliate Partner Program, and the Affiliate Partner’s commissions or pending commissions will be 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. As noted above, Affiliate Partner agrees to abide by all Applicable Laws, including without limitation, the CAN-SPAM Act.
In every social media update and marketing communication, including Twitter, Facebook, Instagram, emails, and blog posts, Affiliate Partner must disclose that Affiliate Partner may make a commission if Affiliate Partner’s links are used to purchase our Products.
Without prejudice to any other obligation in this Agreement, Affiliate Partner shall obtain consent on Promoter’s behalf to the standard of the General Data Protection Regulation 2016/679 to allow Affiliate Partner to send email marketing communications promoting or offering our Products to individuals located in the EEA (“EEA Emails”). Affiliate Partner shall identify itself as being an Affiliate Partner of Promoter in each such EEA Email and provide the recipient an ability to withdraw consent that meets the standard of the General Data Protection Regulation 2016/679 within each such EEA Email.
Nothing on our Sites or in our Products or this Promotion is a promise or guarantee of earnings, revenue, income, or profit. Your level of success is dependent upon a number of factors including your skill, knowledge, ability, dedication, business savvy, network, lists, and financial situation. Because these factors differ according to individuals, we cannot guarantee your success, income level, or ability to earn revenue. You alone are responsible for your actions and results in life and business. Any forward-looking statements outlined on our Sites or in our Products or Promotions are not guarantees or promises of actual performance. By using this Site and becoming our Affiliate Partner, you hereby irrevocably release us from any and all liability, including direct, consequential, or indirect damages or claims, and take full responsibility for your own results. No guarantees are made that you will achieve any results from our ideas or models presented on any of our Sites or in our Products or Promotions. We offer no professional, legal, psychological, medical, or financial advice.
The Time Genius program price is $1497 USD. At checkout, Time Genius customers will also have the option to purchase The Distraction Free Checklist for $47 USD and/or the Stop Procrastinating Bonus for $149 USD.
Affiliate Partner will receive 40% commission for all Time Genius products directly referred by Affiliate Partner to Promoter’s site through the affiliate Partner’s unique link or cookie. This includes the Time Genius program price, The Distraction Free Checklist, and/or the Stop Procrastinating Bonus.
Commissions are not paid on, and will not include, a sale to Affiliate Partner himself or herself; meaning Affiliate Partner cannot purchase the Product for his or her own use or others through his or her link and receive a commission on that sale. Affiliate Partner commissions are counted and final numbers are deemed final at the sole discretion and decision of the Promoter.
Commission payments will be sent to Affiliate Partner by Promoter via Paypal beginning 60 days after the Program start date. Affiliate Partner commissions will not be paid based on any sales or amounts that are attributed to spam, credit card fraud, or returned Product. Promoter reserves the right to change the dates of the commission payout at any time.
Affiliate Partners must provide his or her Paypal address and complete the W-9 and any tax information sent by Promoter before receiving any commission payments. Promoter is NOT responsible for Affiliate Partner using or maintaining his or her Affiliate Partner links, and only sales tracked through Promoter’s system will count towards Affiliate Partner’s commissions. All sales and commission numbers are tallied by Promoter, and credit due to Affiliate Partner, and all the final sales and commission numbers are at the sole discretion of Promoter. Promoter makes every reasonable effort to accurately track and pay commissions for all sales that come from Affiliate Partners, but is not responsible, nor under any circumstances will be held liable for, any technical difficulties, outside events, actions by other affiliate partners, or other uncontrollable events that may disrupt or interfere with Promoter’s ability to track sales or pay commissions.
Affiliate Partner will not receive any commission or revenue on clients driven to the Promotion or Promoter following the Promotion Period. Commissions are solely available for this Promotion under this Agreement.
Promoter will provide Affiliate Partner with links to this Promotion as well as any related banners, graphics, or text ads necessary to promote and offer the Product to Affiliate Partner’s customers via Affiliate Partner’s sites or emails. Affiliate Partner may utilize ONLY his or her unique link provided by Promoter on Affiliate Partner’s own websites, social media pages, or emails. Affiliate Partner may NOT post this link on other websites that are not owned or maintained by Affiliate Partner or Affiliate Partner’s brand. Spamming the Internet with links outside of Affiliate Partner’s direct email list, websites, or social media pages will be considered a violation of this Agreement and result in a denial of all Affiliate Partner benefits, prizes, and commissions. Affiliate Partner may not use unsolicited commercial email, spam, search engine spam, or other illegal or unethical means by which to generate referral commissions. As between Promoter and Affiliate Partner, all customer information collected during the Promotion shall be owned by Promoter, and it is at the sole discretion of Promoter whether or not the customer information will be shared with Affiliate Partner. All information collected before, during, and after the Promotion will be managed under the Privacy Policy of Promoter as listed on its Privacy Policy Page.
In addition to the restrictions set forth above, Affiliate Partner may not: (a) read, intercept, record, redirect, interpret, or fill in the contents of any electronic form or other materials submitted to Promoter by any person or entity; (b) take any action that could reasonably cause any customer confusion as to Affiliate Partner’s relationship with Promoter or as to the site on which any functions or transactions (e.g., search, order, browse, and so on) are occurring; (c) frame the Affiliate Partner’s website to look like Promoter’s Site or utilize Promoter’s branding in any way that would cause a likelihood of confusion by customers or the general public as to who is hosting or promoting such a website; (d) seek to purchase or register any keywords, search terms or other identifiers related to the trademarks of Promoter or the trade or service marks or names of Promoter’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 Promoter; (e) seek to purchase or register any domains or other identifiers that include variations on the trade or service marks or names of Promoter 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 Promoter. Promoter may cancel Affiliate Partner’s participation in this Promotion, withhold or cancel commissions, or take any other action at its sole discretion should Affiliate Partner conduct any of the behavior above or fail to operate with integrity or within the guidelines of Applicable Laws.
Nothing in this Agreement shall be deemed to create a partnership, joint venture, agency relationship, or employment relationship between the Parties. Affiliate Partner is participating in the Promotion as an independent contractor and is responsible for any and all federal, state, local, and/or foreign taxes, including, without limitation, withholding, sales, income, and social security taxes. Under no circumstances will Promoter be held liable for any actions, omissions, or results of Affiliate Partner.
Affiliate Partner shall not, directly or indirectly, use for his or her own benefit (other than to fulfill his or her obligations hereunder) or disclose to any third party any Confidential Information (as defined below) of Promoter without prior, written permission of Promoter in each instance. Confidential Information means all non-public information of Promoter, including, without limitation, these Terms and Conditions, sales figures, software passwords, Promoter list size, list contents, ideas, stories, activities, curriculum, event format, presentation materials, presentation content, inventions, financial information, business plans, business processes, marketing plans, marketing strategies, marketing copy, financial projections, customer lists, customer information (e.g., personal information, financial information), personal information of executives, sponsorship strategies, relationships with other vendors, media delivery concepts and systems, including, but not limited to, web-based delivery systems, technical data, software designs, drawings, specifications, models, source code, object code, documentation, diagrams, flowcharts, and other similar information that is proprietary to and confidential information of Promoter.
This Agreement imposes no obligation of confidentiality on Affiliate Partner with regard to any portion of Promoter’s Confidential Information (a) that is generally available to the public at the time of disclosure; (b) that becomes generally available to the public after the Promotion without any breach of this Agreement by Affiliate Partner, or (c) that Affiliate Partner can demonstrate by written records he or she had independently developed without any access to or usage of the Confidential Information.
In the event Affiliate Partner becomes or may become legally compelled to disclose any Confidential Information (whether by deposition, interrogatory, request for documents, subpoena, civil investigative demand or other process or otherwise), Affiliate Partner shall provide to Promoter prompt prior written notice of such requirement so that Promoter may seek a protective order or other appropriate remedy and/or waive compliance with the terms of this Section. In the event that such protective order or other remedy is not obtained, or that Promoter waives compliance with the provisions hereof, Affiliate Partner shall furnish only that portion of the Confidential Information which he or she is advised by counsel is legally required to be disclosed and shall use his or her best efforts to ensure that confidential treatment shall be afforded such disclosed portion of the Confidential Information.
In general, Affiliate Partner may not disclose any financial, personal, or business information about Promoter or its executives (including Founder Marie Forleo) without permission from Promoter. Such disclosure is grounds for legal action, equitable relief, and termination of this Agreement.
Affiliate Partner agrees to indemnify, defend, and hold harmless Promoter’s Founder, Marie Forleo, an individual, and Promoter, its officers, employers, employees, contractors, directors, related entities, trustees, affiliates, and successors from and against any and all claims, actions, proceedings, liabilities, losses, damages, costs, claims and expense whatsoever – including, without limitation, attorneys’ fees and disbursements, which such parties may be subject to or incur in connection with Affiliate Partner’s participation in the Promotion, except those claims that are judicially determined to have resulted from Promoter’s gross negligence or willful misconduct.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS, PROMOTER SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DIRECT, INCIDENTAL, AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE PROMOTION, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN PROMOTER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
The relationship between the parties may be terminated by Promoter immediately with or without cause and by Affiliate Partner upon 30 days written notice prior to termination.
This Agreement constitutes the entire understanding of the parties and may be modified only by the promoter. Upon termination of this Agreement, the Privacy Policy; the sections titled, “GDPR Data Transfer,” “Confidentiality,” “Indemnification and Liability,” and “General” in these Terms and Conditions; and the sections expressly stated in the Terms of Use to survive shall survive such termination. The sections titled “Controlling Law,” “Binding Arbitration,” Class Action Waiver,” and “Equitable Relief” from the Terms of Use are hereby incorporated by reference as if fully set forth herein. If any provision or covenant, or part thereof, of this Agreement, should be held by any court or other legitimate tribunal with appropriate jurisdiction to be invalid, illegal, or unenforceable, either in whole or in part, such invalidity, illegality, or unenforceability shall not affect the validity, legality, or enforceability of the remaining provisions or covenants, or any part thereof, of this Agreement, all of which shall remain in full force and effect.
Reach out to us at partners-at-marie-forleo-dot-com.