Agreement

By signing up to be an Affiliate in the The Coaching Tools Company.com Affiliate Program ("Program") you ("You") are agreeing to be bound by the following terms and conditions ("Terms of Service").

The Coaching Tools Company.com reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Program, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Program after any such changes shall constitute your consent to such changes.

Violation of any of the terms below will result in the termination of your Account and forfeiture of any outstanding affiliate commission payments earned during the violation. You agree to use the Affiliate Program at your own risk.

Account Terms of Service

  • You must be 18 years or older to be part of this Program.
  • You must be a human. Accounts registered by "bots" or other automated methods are not permitted.
  • You are responsible for maintaining the security of your account and password. The Coaching Tools Company.com cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
  • You are responsible for all Content posted and activity that occurs under Your account.
  • You may not use the Affiliate Program for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
  • You may not purchase products through your affiliate links for your own use. Such purchases may result (at our sole discretion) in the withholding of referral fees and/or the termination of this Agreement.
  • We reserve the right to disqualify commissions earned through fraudulent, deceptive, illegal, overly aggressive or questionable sales or marketing methods.
  • Please familiarise yourself with the licensing terms that apply to use of our Coaching Tools and Resources: Tool Licensing Terms and Conditions >>

Links/graphics on your site, in your emails, or other communications

  • Once you have signed up for the Program, you will be assigned a unique Affiliate Code. You are permitted to place links, banners, or other graphics we provide with your Affiliate Code on your site, in your emails or in other communications. We may change the design of the artwork at any time without notice, but we won't change the dimensions of the images without proper notice.
  • To permit accurate tracking, reporting, and referral fee accrual, we will provide you with Special Link formats to be used in all links between your site and the The Coaching Tools Company.com.
  • For the Program to work, You must ensure that each of the links between your site and the The Coaching Tools Company.com properly utilizes such Special Link formats. Links to the The Coaching Tools Company.com placed on Your site pursuant to this Agreement and which properly utilize such special link formats are referred to as "Special Links."
  • You will earn referral fees only with respect to sales on a The Coaching Tools Company.com product occurring directly through Special Links; we will not be liable to You with respect to any failure by You or someone You refer to use Special Links (eg. if You incorrectly type Your Affiliate Code), including that such failure may result in any reduction of amounts that would otherwise be paid to you pursuant to this Program Agreement.

PLEASE NOTE: Your Affiliate links must point to the page on The Coaching Tools Company.com that You are promoting. If deceptive marketing practices are used, we reserve the right to disqualify commissions earned.

How Referral Fees/Commissions are Earned

  • For a Product sale to be eligible to earn a referral fee, the customer must click-through a Special Link from your site, email or other communications to The Coaching Tools Company.com and complete an order for a product during that session, or within 6 months of clicking Your Special Link.
  • We will only pay commissions on business generated through properly formatted special links, that were automatically tracked and reported by our systems.
  • We do not pay commissions on refunded products.

Payment schedule

  • Affiliate commissions are paid on a monthly lump-sum basis via PayPal.
  • Payments are made on the first working day of each month for all commissions earned since we last paid you.
  • If there is a refund under our 30 day money-back guarantee program for an order that came from an affiliate, it will show as a negative commission amount and will reduce your next payout.
  • All sales are in US Dollars and we pay affiliate commissions in US Dollars. We reserve the right to change our pricing and payment currency at any time.
  • SO WE CAN PAY YOU: You will need a Paypal Account and must provide your Paypal email address

Customer definition

  • Customers who buy products through this Program will be deemed to be our customers. Accordingly, all of our rules, policies, and operating procedures concerning customer orders, customer service, and product sales will apply to those customers.
  • We may change our policies and operating procedures at any time. For example, we will determine the prices to be charged for products sold under this Program in accordance with our own pricing policies.
  • Product prices and availability may vary from time to time. Because price changes may affect Products that you have listed on your site, you should not display product prices on your site.
  • We will use commercially reasonable efforts to present accurate information, but we cannot guarantee the availability or price of any particular product.

Your responsibilities

You will be solely responsible for the development, operation, and maintenance of your site and for all materials that appear on your site. For example, you will be solely responsible for:

  • The technical operation of your site and all related equipment
  • Ensuring the display of Special Links on your site does not violate any agreement between You and any third party (including without limitation any restrictions or requirements placed on You by a third party that hosts Your site)
  • The accuracy, truth, and appropriateness of materials posted on your site (including, among other things, all Product-related materials and any information you include within or associate with Special Links)
  • Ensuring that materials posted on your site do not violate or infringe upon the rights of any third party (including, for example, copyrights, trademarks, privacy, or other personal or proprietary rights)
  • Ensuring that materials posted on your site are not libelous or otherwise illegal
  • Ensuring that your site accurately and adequately discloses, either through a privacy policy or otherwise, how you collect, use, store, and disclose data collected from visitors, including, where applicable, that third parties (including advertisers) may serve content and/or advertisements and collect information directly from visitors and may place or recognize cookies on visitors' browsers.

Compliance with Laws

  • As a condition to your participation in the Program, you agree that while you are a Program participant you will comply with all laws, ordinances, rules, regulations, orders, licenses, permits, judgments, decisions or other requirements of any governmental authority that has jurisdiction over you, whether those laws, etc. are now in effect or later come into effect during the time you are a Program participant.
  • Without limiting the foregoing obligation, you agree that as a condition of your participation in the Program you will comply with all applicable laws (federal, state or otherwise) that govern marketing email, including without limitation, the CAN-SPAM Act of 2003 and all other anti-spam laws.

Term of the Agreement and Program

  • The term of this Agreement will begin upon our acceptance of your Program application and will end when terminated by either party.
  • Either you or we may terminate this Prorgam Agreement at any time, with or without cause, by giving the other party written notice of termination.
  • Upon the termination of this Program Agreement for any reason, you will immediately cease use of, and remove from your site, all links to The Coaching Tools Company.com and all of our trademarks, trade dress, and logos, and all other materials provided by or on behalf of us to you pursuant hereto or in connection with the Program.
  • The Coaching Tools Company.com reserves the right to end the Program at any time.
  • Upon program termination, The Coaching Tools Company.com will pay any outstanding earnings accrued.

Termination

The Coaching Tools Company.com, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Program, or any other The Coaching Tools Company.com service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all potential or to-be-paid commissions in your Account if they were earned through fraudulent, illegal, or overly aggressive, questionable sales or marketing methods. The Coaching Tools Company.com reserves the right to refuse service to anyone for any reason at any time.

Relationship of Parties

You and we are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on your site or otherwise, that reasonably would contradict anything in this Section.

Identifying yourself as a Coaching Tools Company.com Affiliate

You may not issue any press release with respect to this Agreement or your participation in the Program; such action may result in your termination from the Program. In addition, you may not in any manner misrepresent or embellish the relationship between us and you, say you develop our products, say you are part of The Coaching Tools Company.com, or express or imply any relationship or affiliation between us and you or any other person or entity except as expressly permitted by this Agreement (including by expressing or implying that we support, sponsor, endorse, or contribute money to any charity or other cause).

Limitations of Liability

We will not be liable for indirect, special, or consequential damages (or any loss of revenue, profits, or data) arising in connection with this Agreement or the Program, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this Agreement and the Program will not exceed the total referral fees paid or payable to you under this Agreement.

Disclaimers

We make no express or implied warranties or representations with respect to the Program or any products sold through the Program (including, without limitation, warranties of fitness, merchantability, noninfringement, or any implied warranties arising out of a course of performance, dealing, or trade usage). In addition, we make no representation that the operation of the The Coaching Tools Company.com will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors.

Independent Investigation

You acknowledge that you have read this agreement and agree to all its terms and conditions. You understand that we may at any time (directly or indirectly) solicit customer referrals on terms that may differ from those contained in this agreement or operate web sites that are similar to or compete with your web site. You have independently evaluated the desirability of participating in the program and are not relying on any representation, guarantee, or statement other than as set forth in this agreement.

Arbitration

Any dispute relating in any way to this Agreement (including any actual or alleged breach hereof), any transactions or activities under this Agreement or your relationship with us or any of our affiliates shall be submitted to confidential arbitration, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any province or federal court (and you consent to non-exclusive jurisdiction and venue in such courts) or any other court of competent jurisdiction. Arbitration under this agreement shall be conducted under the rules then prevailing of the Canadian Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.

Miscellaneous

This Agreement will be governed by the laws of Canada, without reference to rules governing choice of laws. You may not assign this Agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and be enforceable against the parties and their respective successors and assigns. Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement.

The failure of The Coaching Tools Company.com to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and The Coaching Tools Company.com and govern your use of the Service, superseding any prior agreements between you and The Coaching Tools Company.com (including, but not limited to, any prior versions of the Terms of Service).

Your Agreement to Receive Emails from Us

By agreeing to these terms of service you are giving us consent to contact you about your affiliate account and payments, as well as with affiliate specific information, including information about new products, our upcoming promotions and other relevant topics. We will not use your contact details for any other purpose.

Affiliate Program Privacy Policy

This is supplemental to the general privacy policy for this website.

What personal data we collect and why we collect it:

When an Affiliate Program application is submitted we collect the information on the application form (Name, Email, Website URL and PayPal email address). We use this data to track and pay your Affiliate Program payments.

Cookies

A cookie (wpam_id) is used to determine if a visitor arrives at our website via one of your affiliate links so that we can attribute any purchases to You. It does not store any personal data.

When you log in to your Affiliate Program account on this site, we set a temporary cookie to determine if your browser accepts cookies. This cookie contains no personal data and is discarded when You close your browser.

When You log in, we will also set up several cookies to save your login information and your screen display choices. Login cookies last for two days, and screen options cookies last for a year. If you select "Remember Me", your login will persist for two weeks. If You log out of your account, the login cookies will be removed.

Who we share your data with

We share your email address and payment amount with PayPal to send You your Affiliate Program commissions.

How long we retain your data

Your Affiliate Program details, commissions and payment data: We retain this data for as long as You remain a member of this Affiliate Program.

If You no longer wish to be a member of this Affiliate Program please contact us and we will disable your account and delete your data (other than any data we are obliged to keep for administrative, legal, or security purposes).

What rights you have over your data

If You are a member of this Affiliate Program, You can request to receive a copy of the personal data we hold about You, including any data You have provided to us.

You can also request that we erase any personal data we hold about You. This does not include any data we are obliged to keep for administrative, legal, or security purposes.

NOTE: You will be asked to supply us with proof of identity for the above requests. If You request to delete this data, then You will no longer be able to be a member of this Affiliate Program and will not receive any further commission payments.

For either of these requests please Contact Us.