This Agreement (the “Agreement”) sets forth the Terms and Conditions for participation in the Gut Thrive in 5 Affiliate Program ("GT5" or the “Program”). Please read this Agreement carefully as these Terms and Conditions constitute an Agreement between you (“you” or “Affiliate”) and The Whole Journey, Inc. (“TWJ” or "We"). If you have any questions, you may contact us at affilia[email protected] for clarification.
- ELIGIBILITY. You represent that: (i) you are 18 years or older; and (ii) you have read, understand, accept, and will act in full compliance with this Agreement.
- PURPOSE. The purpose of the Program is to increase enrollment in the Program and to expand the reach of the GT5 Program through your channels.
- Affiliate Center. Upon acceptance of these Terms and Conditions, you will receive your affiliate portal account (“Affiliate Center”). The Affiliate Center is where you will go to access your Affiliate Links (defined below), keep track of your referrals, and monitor your Commissions earned.
- Use of Affiliate Link. TWJ will, from time to time, and in the manner of TWJ's choosing, make available to each Affiliate one or more graphic and/or textual link(s) and/or banner(s) (the “Affiliate Link(s)”) for your use throughout your participation in the Program. The Affiliate Links will establish a link between the Affiliate’s website, blog, social media page, etc. (collectively referred to as the “Affiliate Site(s)”) and TWJ’s company website. TWJ reserves the ability to change or otherwise modify the appearance of the Affiliate Links in its sole and exclusive discretion.
- Intellectual Property. The Whole Journey, Inc. has many different trademarks, logos and designs. All of these items are called Intellectual Property or IP. To ensure that our brand is consistent, we have certain guidelines that must be followed. We encourage you to share your experience with others both on and offline, and we hope these guidelines will help you when promoting TWJ and all of our programs. and provide you with a comprehensive understanding of the importance of protecting our brand.
- Overview of Intellectual Property Two of the most common types of IP are trademarks and copyrights. Below, we’ll discuss what they are and why it’s so important to protect them. You will also learn how you may use each of these items.
- What is a trademark? A trademark is a word, name, symbol, or device that identifies the goods or services of a person or company.
- Why is it important to use our trademarks correctly? Trademarks are one of the most important assets a company can have. When you see a trademark, you instantly know what the brand is and what they sell or services that they provide. If a trademark is not used properly, it can lose its value and the user can also lose the rights to them. These rights may be lost not only because of the organization’s improper use of the mark, but through improper use by the public, including its consumers.
- What is a copyright? A copyright is a “bundle of rights” given to the creator of “original works of authorship." Copyrights protect creative expression, such as text, audio, and visual works. Some of our copyrighted materials include all of TWJ's programs including the text and all content within those programs, books, all images used on website or materials and videos included on our website and utilized throughout social media, including Facebook. The creator of a copyrighted work has the right to decide how the work is copied, distributed, displayed, performed, and adapted into new works (the “bundle of rights”).
- Why is it important for TWJ to protect its copyrights? TWJ has worked hard to create these programs and all of our content and they are some of the most important assets we have. TWJ must ensure that its copyrighted works are not used without permission. When we do allow others to use our copyrighted works, credit must be properly attributed to TWJ. Without proper attribution to TWJ, we risk losing the value that these copyrighted works bring to us.
- TWJ’s TRADEMARKS Here’s a list of our trademarks:
- The Whole Journey, Inc.®
- Gut Thrive®
- Gut Thrive in 5®
- The Candida Cleanse®
(Collectively referred to as TWJ’s “Marks”). **Please note that this list is not all-inclusive and may be modified, from time to time, without notice to you. To ensure you’re always up-to-date, be sure to check back with these guidelines whenever you think you might be using one of TWJ Trademarks. 3.LINKING TO TWJ WEBSITE. After being accepted into the Affiliate Program, TWJ will provide Affiliates with Affiliate Links via the Affiliate Center. Because the Affiliate Links incorporate unique identifying information, when using the Affiliates Links, the following restrictions apply:
- Only use the linking and HTML code, without manipulation, obtained directly from the Affiliate Portal;
- Pop-ups, false and/or misleading links and cookie stuffing techniques that set the Affiliate tracking cookie without a customer’s knowledge are prohibited;
- Using redirects as a way to hide or maneuver where a user’s click originated from is prohibited.
- Email Requirements. If an Affiliate intends to promote TWJ via email campaigns, Affiliates must adhere to the following requirements:
- The email must be sent on the Affiliate’s behalf and must neither state nor imply that the email is being sent by, or on behalf of, TWJ;
- Subject to the terms of this Agreement, promotion of TWJ or any of its programs on Facebook, Twitter, and other social media platforms is permitted provided, however, Affiliates shall not post their Affiliate Links onto any TWJ-affiliated social media pages.
- Commission. As an Affiliate you will receive a commission of $150.00 (“Commission”) for each “Enrollment” (defined hereinafter) into the Gut Thrive in 5 Program credited to you.
- Receiving Credit. TWJ will pay Commissions to an Affiliate only with respect to Enrollments that are initiated and completed through the use of that particular Affiliate’s Affiliate Link. For an Affiliate to receive credit, an enrollee must enter and submit his/her information on the embedded website after clicking the Affiliate Link.
An enrollment in GT5 is considered a “Qualified Enrollment” when all of the following circumstances are all present:
- The enrollee is not already in TWJ’s contact database (i.e., the person must be a new lead);
- The enrollee executes all requisite enrollment agreements;
- If the first contact with the lead (who later meets the Enrollment Requirements) is through a Non-Affiliate Referrer, the Affiliate shall nonetheless receive the Commission, if and only if, the lead thereafter completes the online enrollment process through a link provided or facilitated by the Affiliate.
- AFFILIATE ENROLLMENT IN GT5.
Payment Terms. Subject to the following terms, Commissions shall be paid after 60 days from when the referee enrolls and between the 5th and 15th each month. Address Changes. It is your responsibility to provide TWJ with the tax and payment information required to issue a referral reward to you. You are responsible for informing TWJ about changes to postal and e-mail addresses, as well as any changes to your name, email address, contact information, tax identification number, or other personal information that will impact TWJ’s ability to issue a valid referral reward payment. Taxes. You are responsible for the payment of all taxes related to Referral Rewards you earn under this Agreement that total over $600 in a calendar year. In compliance with tax laws, TWJ will issue a Form 1099 to Referrers whose earnings meet or exceed the applicable amount warranting the Form 1099. You will be required to provide us with proper address, tax forms (including W8/W9 or other tax forms) or information within two (2) days of any request by TWJ to issue a Form 1099. Relationship of the Parties. The Affiliate is an independent contractor of TWJ. This Agreement shall not be construed to create any association, partnership, joint venture, employer-employee or agency-principal relationship between the Parties. Affiliate does not have the authority (and shall not hold itself out as having authority) to bind TWJ to any agreements. Lead Information. Leads referred to TWJ by Affiliate through Affiliate Links may provide TWJ with their first and last names and e-mail addresses (collectively referred to as “Limited Personally Identifiable Information” or “Limited PII”) for purposes of receiving TWJ marketing and/or promotional materials. TWJ may share the Limited PII of leads referred to TWJ by an Affiliate for the following limited purposes: (i) Affiliate will use the Limited PII to further promote TWJ to the leads; and/or (ii) Affiliate will use the Limited PII to analyze the success of Affiliate’s efforts to refer leads to TWJ. By participating in the Program, Affiliate agrees not to use the Limited PII that TWJ provides to Affiliate for any other purpose. This Article shall survive termination of this Agreement.
- Modification. This Agreement and/or the Program may be amended and/or modified by TWJ, at any time, and in its sole and exclusive discretion. Such modification shall take effect when published on our affiliate website and/or the Affiliate Center. Modifications may include, but will not be limited to, changes in the commission amounts, commission payment procedures, and the Program guidelines. If any modification is unacceptable to you, your only recourse is to terminate this Agreement. Continued participation in the Program following a modification to the Agreement will constitute your acceptance of such modification(s). Each Affiliate shall be responsible for monitoring their Affiliate Centers to determine whether this Agreement and/or the Program have been modified.
- Assignment. Affiliates shall not assign any rights, or delegate or subcontract any obligations, under this Agreement, without TWJ’s prior written consent, which such consent may be withheld in TWJ’s sole and exclusive discretion. Any assignment in violation of the foregoing shall be deemed null and void, and shall constitute a material default hereunder by Affiliate. TWJ may freely assign its rights and obligations under this Agreement at any time. Subject to the limits on assignment set forth herein, this Agreement will inure to the benefit of, be binding on, and be enforceable against, each of the parties hereto and their respective successors and assigns.
- Indemnification. Affiliates shall defend, indemnify and hold harmless TWJ and its officers, directors, employees, agents, successors and assigns from and against all losses, damages, liabilities, dues, deficiencies, actions, claims, causes of action, judgments, interest, awards, penalties, fines, costs and/or expenses of whatever kind (including reasonable attorneys' fees) arising out of or resulting from: (i) Affiliate’s participation in the Program; (ii) Affiliate’s performance hereunder; and/or (iii) Affiliate’s breach of any representation or warranty hereunder.
- Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California without giving effect to any choice or conflict of law provision or rule.
- Termination. The Term of this Agreement will begin upon acceptance and will continue until terminated by either party. Either party may terminate this Agreement at any time by providing the other party with written notice. In the event TWJ determines, in its sole discretion, that an Affiliate has breached the terms of this Agreement or is otherwise abusing the Program, TWJ may terminate this Agreement and withhold any commissions payable to the Affiliate. Upon termination or as TWJ may otherwise direct, Affiliates shall immediately cease using, and shall remove, all Affiliate Links, TWJ images, and all other materials provided by or on behalf of, and/or otherwise associated with, TWJ pursuant to or in connection with the Program. Affiliates are eligible to receive commissions only during the Term of the Agreement. TWJ may withhold final payment for a reasonable period to ensure that the correct final payment is issued to an Affiliate.