NBR® Education (Big Money Stylist LLC) may offer you an opportunity to become an independent NBR® Affiliate (“Affiliate”), wherein you have the chance to earn additional money for NBR® Education Products, Memberships, Software, Services, Programs, and Accounts that you sell. NBR® Education reserves the sole and exclusive right to determine the amount of remuneration each Affiliate will receive in exchange for the Affiliate’s efforts. Affiliate commission is further discussed herein. See also NBR® Education’s Terms of Service, which apply to you in your role as an Affiliate unless otherwise expressly provided.
This Affiliate Agreement (“Agreement”) governs Your application for, and any subsequent participation in, NBR® Education’s Affiliate Program. By clicking the “I Accept and Agree to the Affiliate Agreement” checkbox when registering for the affiliate program and/or when completing your Payout settings, You thereby accept the terms of this Agreement; you indicate that You have read and understood this Agreement and agree that its terms bind you.
SECTION 1: PARTIES
All references to “NBR® Education” herein mean and refer to Big Money Stylist LLC, doing business as NBR® Education. All references to “You” and “Your” mean and refer to the person or entity who has executed this Agreement. NBR® Education and You are each referred to herein as a “Party,” and collectively as the “Parties.”
SECTION 2: APPLICATION
You agree to provide all information requested by NBR® Education in connection with Your Affiliate Application, and You affirm that all information that You provide is truthful and accurate. You understand and agree that NBR® Education retains sole and exclusive discretion to determine whether You qualify for participation in NBR® Education’s Affiliate program. Not everyone who applies for NBR® Education’s Affiliate program will qualify to participate.
SECTION 3: 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 prerecorded messages. This consent is a material condition of this Agreement and may not be revoked except in writing by both Parties.
SECTION 4: COMPENSATION
If Your application to become an Affiliate is approved by NBR® Education, You will receive a unique Affiliate ID. The Affiliate ID will be incorporated within each URL which You will use to advertise NBR® Education. You will have the opportunity to receive a commission for each sale (“Sale”) that is registered using Your Affiliate ID.
In the event that a prospect (“Prospect”) has multiple Affiliate cookies (“Cookies”), the most recently-acquired Cookie inside a window of 90 days will determine which Affiliate is credited with a Sale. At that point, the Prospect becomes a Customer who will be associated with the credited Affiliate for 180 days, as identified by the Customer’s email address. This means the credited Affiliate will continue to be credited for all future sales of qualifying products occurring inside that window of 180 days made by that Customer’s Account.
Provided that the Sale remains in good status within thirty (30) days from the Sale, meaning there are no refunds or returns of the product(s) sold, You will be paid a commission for each Sale that generates a payment to NBR® Education in a month (“Commission”).
Except as otherwise provided herein, Commission payments will be paid on the 20th of each month following NBR® Education’s receipt of payment for the Sale, subject to the other terms of this Agreement. In the event the 20th of each month falls on a holiday, Commission payments will be paid on the business day preceding the holiday. All Commission payments are based on the amount of fees received by NBR® Education, less sales taxes.
Acceptance into the NBR® Education Affiliate Program grants you access to promote select NBR® Education Offers and Earn Commissions as specified below for as long as you are compliant with the Affiliate Agreement:
- The DKW Styling Academy: $1,000 One-Time Commission
- The NBR Virtual Experience: 50% Commissions
- The 4 Cornerstones of Marketing: 50% Commissions
From time to time, you will get the opportunity to earn Extra Commissions when you get credited for a Sale of Specific Offers. This will not add to the Commissions you are already entitled to, but it will replace that Commission Rate IF the Special Commission Rate is higher.
All Commissions and Potential Sales Bonuses are paid in U.S. Dollars (USD). Some payment methods may incur processing fees that may be deducted from Your Commissions. Your combined Commission must equal or exceed One Hundred and 00/100 Dollars ($100.00) (USD) before You receive a payment from NBR® Education. If Your combined Commissions and Potential Sales Bonuses in a 120-day period do not exceed $100.00 (USD) Your Commissions will not be paid and will be forfeited.
Once a Commission of $100 (USD) or more is earned, You will need to register with our third-party payment provider to receive payment of Commissions. This means You are authorizing third party companies to contact You. Before You can be paid any Commission or Potential Sales Bonuses, You must provide NBR® Education a completed W-8 or W-9 tax form, as instructed by NBR® Education, as well as any supporting documentation requested by NBR® Education or its third-party payment provider. You will be deemed to have permanently waived all rights to Commissions or Potential Sales Bonuses that were earned more than 120 days before submitting a completed W-8 or W-9 tax form or any ancillary supporting documentation that is requested to confirm the information on your tax form. If You are not a resident of the United States, NBR® Education may withhold tax (including without limitation VAT) where required by applicable law. You are solely responsible for complying with all tax laws in Your respective jurisdiction(s) including, but not limited to, the payment of all required taxes, and filing of all returns and other required documents with, the applicable governing body(ies).
Affiliates will not be paid any Commissions or Potential Sales Bonuses for payments made on Affiliate’s own user account(s). Affiliates are not permitted to open a NBR® Education account under the name of another person or entity, under a fictitious name, or under any name merely for the purpose of obtaining Commissions, Potential Sales Bonuses or any other compensation. Affiliates may not pay for another person’s or entity’s account. Affiliates are not permitted to offer cash rebates or other monetary incentives to obtain Sales or Potential Sales Bonuses.
Commissions and Potential Sales Bonuses are paid only for transactions that actually occur between NBR® Education and a Sale and in which payment is received by NBR® Education. If payment for a Sold Account later results in a refund or chargeback, and if a Commission or Potential Sales Bonus was paid to You for that Sold Account or Sales Bonus payment, then the Commission or Sales Bonus will be deducted from Your future Commissions and/or Potential Sales Bonuses.
If NBR® Education determines, in its sole and exclusive discretion, that any Sale or Potential Sales Bonuses was procured fraudulently or as a result of any violation of this Agreement or applicable law, no Commission or Sales Bonus will be paid for such Sale and, for past sales, such payment amounts shall be deducted from Your future Commissions and Potential Sales Bonuses, and NBR® Education may terminate this Agreement immediately without NBR® Education having any liability to You.
SECTION 5: TERM AND TERMINATION
The term of this Agreement will begin the moment (i) when You click “I Accept and Agree to the Affiliate Agreement” and submit; or (ii) Your participation in the Affiliate program is approved. Your participation in the NBR® Education 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 been unable 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 NBR® Education’s Products, Softwares, Products or otherwise, we may terminate the Agreement or suspend Your access to the Affiliate website (“Website”) at any time without notice to You. In addition, if, based on our data, you have a dispute rate greater than 10%, we may terminate this Agreement or suspend your access to the 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, Potential Sales Bonuses, and any other payments owed to You or that may in the future be owed to You without any further liability by NBR® Education to You. This Agreement will terminate automatically if You earn no (zero) 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 NBR® Education account.
SECTION 6: ADDITIONAL REPRESENTATIONS AND WARRANTIES
In addition to Your other representations and warranties herein, You further represent and warrant that there are no prior or pending government investigations or inquiries of, or prosecutions against You by the Federal Trade Commission (“FTC”), any other federal or state governmental agency, or any industry regulatory authority, anywhere in the world, nor any prior or pending private lawsuits against You which relate to alleged intentional torts or alleged violation of any consumer protection or advertising laws. Suppose You become the subject of such an investigation, inquiry, prosecution, or lawsuit any time after this Agreement is executed. In that case, You are required to notify NBR® Education of the same within 24 hours. NBR® Education, in its sole and exclusive discretion, may immediately terminate Your participation in NBR® Education’s Affiliate program, as well as immediately terminate this Agreement, based on any investigation, proceeding, or lawsuit identified pursuant to this paragraph.
SECTION 7: ENTIRE AGREEMENT
This Agreement, Appendix A below, along with NBR® Education’s standard Terms of Service, represents the entire agreement between the Parties and supersedes any other written or oral agreement between the Parties pertaining to Your Affiliate application and, if approved, Your rights and responsibilities as an Affiliate.
Appendix A: Additional Terms of the Affiliate Agreement and Advertising Rules
These Advertising Rules apply to all activities of Affiliate:
- General Compliance. Affiliate shall publish or otherwise distribute advertisements in strict compliance with all applicable laws and regulations, including without limitation, laws prohibiting deceptive and misleading advertising and marketing, email marketing laws (including the federal CAN-SPAM Act (15 U.S.C. § 7701)), laws governing testimonials (including the FTC’s Revised Endorsements and Testimonials Guides (16 CFR Part 255 of the Code of Federal Regulations)), and all guidelines issued by the FTC.
Affiliate is solely responsible for ensuring Affiliate’s compliance with all laws. Affiliates are strictly prohibited from making claims concerning the products and services offered by NBR® Education that are inconsistent with, or beyond the scope of marketing materials produced and made available by NBR® Education on NBR® Education website, nbr.education.
Affiliate is prohibited from publishing or otherwise distributing advertisements by telemarketing, fax, or text messaging in any form to any device. Affiliate shall not offer monetary incentives, such as rewards points, cash, or prizes to Prospects in return for their response to an advertisement.
Affiliate may, however, offer Prospects information and materials of tangible value for reduced or no charge, but only so long as Affiliate accurately describes and delivers such information and materials to the Prospect. NBR® Education retains the sole and exclusive discretion to determine whether Affiliate’s advertising and conduct is in compliance with all laws.
- Disclosure. On any website that Affiliate advertises any NBR® Education Product, Membership, Software, Service or Program, Affiliate must plainly display (i.e., not in a link, or in small font) disclaimer language, such as:
Disclosure: I am an independent NBR® Education Affiliate, not an employee. I receive referral payments from NBR® Education. The opinions expressed here are my own and are not official statements of Danielle K. White, NBR® Education, the parent company, Big Money Stylist LLC.
- Non-Disparagement. Affiliate is not permitted to comment negatively about or disparage the products or services of NBR® Education or any other person or entity, including without limitation the products or services of a NBR® Education competitor. Affiliate is not permitted to engage in any unlawful or deceptive actions with respect to search engine optimization, including, but not limited to, using any technique that generates paid search results based on any trademarks of NBR® Education, any brand name of NBR® Education, or based on the trademarks or brand name of any competitor of NBR® Education, or any other third party. Affiliate shall not direct link to a NBR® Education sales page of any kind from any kinds of paid advertising.
- Social Media. If Affiliate advertises on Instagram or YouTube, then each post must comply with all of the following:
- Each post must contain @dkwstyling.academy , @naturalbeadedrowsextensions , and/or #nbreducation.
- Each post must contain #ad in a clear and conspicuous location before the text of the description and in all events before the “More” button.
- Each Instagram post must use Instagram’s “Paid Partnership” tool.
- Each YouTube post must contain the word “Ad,” “Advertisement,” “Promotion,” or “Paid Partnership” within the video itself in a font size that is clearly recognizable to the viewer and which appears persistently throughout the length of the video in the top right hand portion of the video.
If Affiliate is advertising on other forms of written social media (e.g., Facebook, Twitter), Affiliate must comply with the above disclosure restrictions as applicable to each form of social media. Affiliate must also comply with all rules of each social media platform that Affiliate uses.
- Income and Business Opportunity Claims. Affiliates are expressly prohibited from making any claims that use of NBR® Education will guarantee that the user will make money. If Affiliate’s recruiting efforts include claims related to income Affiliate has made from using anything NBR® Education Offers or Teaches, or as an Affiliate, the following guidelines must be adhered to:
(a) Affiliate’s statements must be completely true and accurate and supported by evidence of Affiliate’s experience; and
(b) Affiliate’s statements must be accompanied by the following disclaimer in clear and conspicuous font and placement: “These were my results. Your results will vary based on a variety of factors including Your education, effort, and market factors. There is no guarantee You will make any money, or create any sort of results in your life.”
Affiliate is also expressly prohibited from making any express or implied claims that NBR® Education is or provides a business opportunity, franchise opportunity, a “business-in-a-box,” or an assisted marketing plan.
- NBR® Education’s Trademarks. No logo, tagline, trademark, trade name, or trade dress (collectively, the “NBR® Education Trademarks”) owned by NBR® Education may be used, copied, or reproduced by any Affiliate except as set forth below. No NBR® Education intellectual property (or any mark confusingly similar to any NBR® Education intellectual property) is to be registered as a trademark in any country or registered as a domain name by Affiliate in any way in any country.
Subject to the restrictions below, approved Affiliates are granted a limited, revocable, non-transferrable, and non-assignable license to use the “NBR® Education” trademark to advertise NBR® Education online. Any time Affiliate uses “NBR” or “Natural Beaded Rows” it must be immediately followed by “®”. Affiliate may not use “NBR® Education” or other NBR® Education trademarks as part of any URL, domain, or website name. NBR® Education retains exclusive ownership of all NBR® Education Trademarks and other intellectual property and all of its rights therein. Affiliate shall not promote or provide services to any other business or person that is infringing any of NBR® Education’s intellectual property.
- Complaint Notification. Affiliate must notify Company of any complaint received by Affiliate regarding any advertisements within twenty-four (24) hours of receiving such complaint. Notice should be sent to support@nbr.education.
- Independent Contractor. Affiliates are independent contractors of NBR® Education. It is the express understanding and intention of the Parties that no relationship of master and servant nor principal and agent shall exist between NBR® Education and You by virtue of this Agreement. You have no right to act on behalf of or bind NBR® Education in any way, nor share in the profits or losses of NBR® Education. The only compensation available to You is set forth in this Agreement. You are solely and exclusively responsible and liable for all of Your acts or omissions.
- NO WARRANTY; NO LEADS. NBR® Education does not promise, guarantee or warrant You or Your business success, income, or sales. You understand and acknowledge that NBR® Education will not at any time provide sales leads or referrals to You. You understand and agree further that this is not a business opportunity, a franchise opportunity, a “business-in-a-box,” or an assisted marketing plan. You are responsible for procuring and paying for any and all materials and resources necessary to operate as an Affiliate as You determine in Your sole discretion.
- LIMITATION OF LIABILITY. EXCEPT WHERE OTHERWISE INAPPLICABLE OR PROHIBITED BY LAW, IN NO EVENT SHALL NBR® Education OR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, INDEPENDENT CONTRACTORS, TELECOMMUNICATIONS PROVIDERS, AND/OR AGENTS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL, PUNITIVE, OR ANY OTHER DAMAGES, FEES, COSTS OR CLAIMS ARISING FROM OR RELATED TO THIS AGREEMENT, THE PRIVACY POLICY, THE SERVICES OR PRODUCTS, YOUR OR A THIRD PARTY’S USE OR ATTEMPTED USE OF THE WEBSITE OR ANY SOFTWARE, SERVICE, OR PRODUCT, REGARDLESS OF WHETHER NBR® Education HAS HAD NOTICE OF THE POSSIBILITY OF SUCH DAMAGES, FEES, COSTS, OR CLAIMS. THIS INCLUDES, WITHOUT LIMITATION, ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR PRODUCTS, OR ANY OTHER INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, OR OTHER DAMAGES. THIS APPLIES REGARDLESS OF THE MANNER IN WHICH DAMAGES ARE ALLEGEDLY CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), WARRANTY, OR OTHERWISE. IN NO EVENT SHALL NBR® Education’S LIABILITY TO YOU OR YOUR BUSINESS EXCEED THE AMOUNT OF THREE (3) TIMES THE PAYMENTS PAID BY YOU TO NBR® Education FOR THE MONTH PRECEDING THE DATE IN WHICH THE FACTS GIVING RISE TO A CLAIM AGAINST NBR® Education OCCURRED OR TWO-THOUSAND DOLLARS ($2,000), WHICHEVER IS GREATER.
- DISPUTE RESOLUTION BY MANDATORY BINDING ARBITRATION, CLASS ACTION WAIVER, & GOVERNING LAW.
As explained in NBR® Education’s Terms of Service, any controversy or claim arising out of or related to this Agreement or Your relationship with us that cannot be resolved through negotiation within 120 days shall be resolved by binding, confidential arbitration administered by the American Arbitration Association (“AAA”), and judgment on the award rendered may be entered in any court having jurisdiction thereof. The sections of the Terms of Service entitled “Dispute Resolution”, “Indemnification”, “Limitation of Liability” and “General Provisions” are expressly incorporated herein by reference. Please review the Terms of Service for more information.
- Indemnity. You agree to protect, defend, indemnify and hold harmless NBR® Education, its officers, directors, employees, owner(s), and parent company(ies) and assigns from and against all claims, demands, and causes of action of every kind and character without limitation arising out of Your conduct, acts, or omissions related to Your application and/or performance of this Agreement including, but not limited to, any breach of this Agreement. Your indemnity obligation includes, but is not limited to, any third party claim against NBR® Education for liability or payments for damages caused by, or other liability relating to, You. This provision expressly survives the termination of this Agreement.
- Severability. In the event any provision of this Agreement is inconsistent with or contrary to any applicable law, rule, or regulation, the provision shall be deemed to be modified to the extent required to comply with the law, rule, or regulation, and this Agreement and the Terms of Service, as so modified, shall continue in full force and effect.
- Modification/Amendments. This Agreement and NBR® Education’s standard Terms of Service may be modified by NBR® Education at any time, with or without prior notice to You. Amendments or modifications to this Agreement or the Terms of Service will be binding on You when they are sent to You via email, or are posted in the affiliate center. No amendment to this Agreement or the Terms of Service shall be valid unless prepared or signed by NBR® Education. Your continued acceptance of Commission or Sales Bonus payments constitutes Your acceptance to any modifications or amendments to this Agreement and the Terms of Service.