Here at Shortcuts for Writers, our affiliates are very important to us. We do our best to treat you with the fairness and respect you deserve. We simply ask the same consideration of you. We have written the following affiliate agreement with you in mind, as well as to protect our company’s good name. So please bear with us as we take you through this legal formality.
If you have any questions, please don’t hesitate to let us know. We are strong believers in straight-forward and honest communication. For quickest results, please email us at firstname.lastname@example.org.
Stacy Juba, Shortcuts for Writers Founder and Affiliate Manager
PLEASE READ THE ENTIRE AGREEMENT. YOU MAY PRINT THIS PAGE FOR YOUR RECORDS. THIS IS A LEGAL AGREEMENT BETWEEN YOU AND SHORTCUTS FOR WRITERS.
BY SUBMITTING THE ONLINE APPLICATION AND JOINING THE AFFILIATE PROGRAM, YOU ARE AGREEING THAT YOU HAVE READ AND UNDERSTAND THE TERMS AND CONDITIONS OF THIS AGREEMENT AND THAT YOU AGREE TO BE LEGALLY RESPONSIBLE FOR EACH AND EVERY TERM AND CONDITION.
This Agreement contains the complete terms and conditions that apply to you becoming an affiliate in the Shortcuts for Writers’ Affiliate Program. The purpose of this Agreement is to allow HTML linking between your web site, emails, and social media posts and the Shortcuts for Writers courses. Please note that throughout this Agreement, “we,” “us,” and “our” refer to Shortcuts for Writers, and “you,” “your,” and “yours” refer to the affiliate.
1. Shortcuts for Writers Rights and Obligations
Subject to our acceptance of you as an affiliate and your continued compliance with the terms and conditions of this Agreement, Shortcuts for Writers agrees as follows:
I. We will make available to you via the Affiliate Program graphic and textual links to the Program Web Site and/or other creative materials (collectively, the “Links”) which you may display on web sites owned or controlled by you, in emails sent by you and clearly identified as coming from you and in online promotions (collectively, “Media”). The Links will serve to identify you as a member of our Affiliate Program and will establish a link from your Media to the Program Web Site.
II. We will pay the Affiliate for each Qualified Action (the “Commission”). A “Qualified Action” means an individual person who purchases a course via the Link, where the Link is the last link to the Program Web Site. All of the tracking is done through the Thrivecart platform.
If a visitor reaches the Shortcuts for Writers Thrivecart site via your affiliate link, a cookie is dropped onto their browser to remember this information.
When the student creates an account for your Thrivecart site, they will have the referrer code attached to their user profile if the cookie is present.
You’ll be able to share unique links to course landing pages, free webinars and classes, blog posts, and other resources. When a lead visits an affiliate link, no matter where that link redirects them to, a cookie is dropped on their device which associates it with that affiliate.
This means that no matter what product the lead buys, as long as the product is included in the affiliate program, the affiliate will earn a commission. Unless otherwise specified, you will receive a 40 percent commission.
Your affiliate links use a last cookie system. This means that if the same user follows two different affiliate links and makes a purchase only after accessing the Shortcuts for Writers website through the second/last affiliate’s link, this second affiliate will be credited for any conversions.
The cookies expire after six months. If you refer someone who makes a purchase within those six months, you’ll earn a commission.
If the user clears their cookies or uses a different browser, the cookie will be lost.
III. We will pay you any Commissions earned monthly. We reserve the right to charge back to your account any previously paid Qualified Actions that are later determined to have not met the requirements to be a Qualified Action. Shortcuts For Writers uses a third party to handle all of the tracking. The third party is the Thrivecart online course site. Payments will be processed and sent via PayPal after 30 days. In the case of split payments or subscriptions, affiliate commissions for the latest installment will be paid 30 days after Shortcuts for Writers receives the payment from the customer.
IV. Payment for Commissions is dependent upon Clients providing such funds to Shortcuts for Writers, and therefore, you agree that Shortcuts for Writers shall only be liable to you for Commissions to the extent that Shortcuts for Writers has received such funds from the Clients and they have not requested a refund within the refund window. You hereby release Shortcuts for Writers from any claim for Commissions if Shortcuts for Writers has not received such funds from the Clients or if payment has been refunded.
V. Shortcuts for Writers shall generate an invoice on behalf of the Affiliate for all Commissions payable under this Agreement and shall remit payment to the Affiliate based upon that invoice. All tracking of Links and determinations of Qualified Actions and Commissions shall be made by Shortcuts for Writers in its sole discretion. In the event that the Affiliate disputes in good faith any portion of an invoice, the Affiliate must submit that dispute to Shortcuts for Writers in writing and in sufficient detail within ten (10) days of the date on the invoice. If the Affiliate does not dispute the invoice as set forth herein, then the Affiliate agrees that it irrevocably waives any claims based upon that invoice. If the parties are unable to arrive at a reconciliation, then Shortcuts for Writers’ numbers shall govern.
VI. If the Affiliate has an outstanding balance due to Shortcuts for Writers under this Agreement or any other agreement between the Affiliate and Shortcuts for Writers, whether or not related to the Affiliate Program, the Affiliate agrees that Shortcuts for Writers may offset any such amounts due to Shortcuts for Writers from amounts payable to the Affiliate under this Agreement.
VII. We have the right to monitor your site at any time to determine if you are following the terms and conditions of this Agreement. We may notify you of any changes to your site that we feel should be made with regard to our Affiliate Program, or to make sure that your links to our web site are appropriate. If you do not make the changes to your site that we feel are necessary, we reserve the right to terminate your participation in the Shortcuts for Writers Affiliate Program.
VIII. Shortcuts for Writers reserves the right to terminate this Agreement and your participation in the Shortcuts for Writers Affiliate Program immediately and without notice to you should you commit fraud in your use of the Shortcuts for Writers Affiliate Program or should you abuse this program in any way. If such fraud or abuse is detected, Shortcuts for Writers shall not be liable to you for any commissions for such fraudulent sales.
IX. This Agreement will begin upon our acceptance of your Affiliate application, and will continue unless terminated hereunder.
2. Affiliate Obligations
I. To begin the enrollment process, you will complete and submit the online affiliate application. We may reject your application at our sole discretion. We may cancel your application if we determine that your site is unsuitable for our Program, including if it:
- Promotes sexually explicit materials
- Promotes violence
- Promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age
- Promotes illegal activities
- Incorporates any materials which infringe or assist others to infringe on any copyright, trademark or other intellectual property rights or to violate the law
- Includes “Shortcuts for Writers” or variations or misspellings thereof in its domain name
- Is otherwise in any way unlawful, harmful, threatening, defamatory, obscene, harassing, or racially, ethnically or otherwise objectionable to us in our sole discretion
- Contains software downloads that potentially enable diversions of commission from other affiliates in our program
- Promote alcohol, tobacco, gambling/lottery in any way
- Promote the use of pyramid, “ponzi”, or similar investment schemes
- Contain, in our sole judgment, material that is defamatory, fraudulent, or harassing to us or any third party
- Disparages Shortcuts for Writers or our affiliates
- Are under construction or not live at the time of Application
II. Make sure that your Media does not copy or resemble the look and feel of the Program Web Site or create the impression that your Media is endorsed by Shortcuts for Writers or part of the Program Web Site, without prior written permission from us.
III. Not make any representations, warranties or other statements concerning Shortcuts for Writers or any of their respective products or services, except as expressly authorized herein.
IV. Comply with all obligations, requirements and restrictions under this Agreement and laws, rules and regulations as they relate to your business, your Media or your use of the Links.
V. Comply with the terms, conditions, guidelines and policies of any third party services used by the Affiliate in connection with the the Affiliate Program, including but not limited to, email providers, social networking services and ad networks.
VI. You may not use the Trademarked names Shortcuts for Writers.com and Book Editing Blueprint in paid ads, keyword bidding on search engines or any variation or misspellings thereof, in metatags, or to direct traffic to any website other than our site. You may not use Shortcuts for Writers and our program titles in any manner or any variation or misspellings in your domain name.
VII. Trademark Keyword Bidding – You may not bid on any keyword or keyword string on any Pay per Click Search Engines (PPCSEs) where such keyword or keywords string is, or includes, one of our Trademarks (see the list of protected SEM bidding keywords below): Shortcuts for Writers, www.ShortcutsforWriters.com, Book Editing Blueprint, www.BookEditingBlueprint.com, Time Management Blueprint for Writers, Energize Your Writing Toolkit, and variations thereof.)
VIII. You will create a password so that you may enter the secure affiliate account dashboard on the Shortcuts for Writers Thrivecart site. From this site, you will be able to receive your reports that will describe our calculation of the commissions due to you. You will also have access to program information, FAQS, swipe files, and graphics to promote our courses. This area will be updated and expanded as new courses become available. By signing up as an affiliate, you consent to receiving onboarding emails and updates about the affiliate program, though you can unsubscribe at any time.
IX. Naturally any promotion that mentions Shortcuts for Writers could be perceived by the public or the press as a joint effort. You should know that certain forms of advertising are always prohibited by Shortcuts for Writers. For example, advertising commonly referred to as “spamming” is unacceptable to us and could cause damage to our name.
Other generally prohibited forms of advertising include the use of unsolicited commercial email (UCE), postings to non-commercial newsgroups and cross-posting to multiple newsgroups at once. In addition, you may not advertise in any way that effectively conceals or misrepresents your identity, your domain name, or your return email address. You may use mailings to customers to promote Shortcuts for Writers so long as the recipient is already a customer or subscriber of your services or web site, and recipients have the option to remove themselves from future mailings. Also, you may post to newsgroups and online forums to promote Shortcuts for Writers so long as the newsgroup specifically welcomes commercial messages.
At all times, you must clearly represent yourself and your web sites as independent from Shortcuts for Writers. If it comes to our attention that you are spamming, we will consider that cause for immediate termination of this Agreement and your participation in the Shortcuts for Writers Affiliate Program. Any pending balances owed to you will not be paid if your account is terminated due to such unacceptable advertising or solicitation.
X. You may not use your affiliate links in the Shortcuts for Writers: Editing Made Simple Facebook Group or on the Stacy Juba.com Facebook page.
Either you or we may end this Agreement AT ANY TIME, with or without cause, by giving the other party written notice. Written notice can be in the form of email. In addition, this Agreement will terminate immediately upon any breach of this Agreement by you.
We may modify any of the terms and conditions in this Agreement at any time at our sole discretion. In such an event, you will be notified by email. Modifications may include, but are not limited to, changes in the payment procedures and Shortcuts for Writer’s Affiliate Program rules. If any modification is unacceptable to you, your only option is to end this Agreement. Your continued participation in the Shortcuts for Writers Affiliate Program following the posting of the change notice or new Agreement on our site will indicate your agreement to the changes.
5. Grant of Licenses
We grant to you a non-exclusive, non-transferable, revocable right to (i) access our site through HTML links solely in accordance with the terms of this Agreement and (ii) solely in connection with such links, to use our logos, trade names, trademarks, and similar identifying material (collectively, the “Licensed Materials”) that we provide to you or authorize for such purpose. You are only entitled to use the Licensed Materials to the extent that you are a member in good standing of the Shortcuts for Writers Affiliate Program. You agree that all uses of the Licensed Materials will be on behalf of Shortcuts for Writers.
Each party agrees not to use the other’s proprietary materials in any manner that is disparaging, misleading, obscene or that otherwise portrays the party in a negative light. Each party reserves all of its respective rights in the proprietary materials covered by this license. Other than the license granted in this Agreement, each party retains all right, title, and interest to its respective rights and no right, title, or interest is transferred to the other.
SHORTCUTS FOR WRITERS MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES REGARDING SHORTCUTS FOR WRITERS’ SERVICE AND WEB SITE OR THE PRODUCTS OR SERVICES PROVIDED THEREIN, ANY IMPLIED WARRANTIES OF SHORTCUTS FOR WRITERS’ ABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT ARE EXPRESSLY DISCLAIMED AND EXCLUDED. IN ADDITION, WE MAKE NO REPRESENTATION THAT THE OPERATION OF OUR SITE WILL BE UNINTERRUPTED OR ERROR FREE, AND WE WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS.
7. Representations and Warranties
You represent and warrant that:
I. This Agreement has been duly and validly executed and delivered by you and constitutes your legal, valid, and binding obligation, enforceable against you in accordance with its terms;
II. You have the full right, power, and authority to enter into and be bound by the terms and conditions of this Agreement and to perform your obligations under this Agreement, without the approval or consent of any other party;
III. You have sufficient right, title, and interest in and to the rights granted to us in this Agreement.
8. Limitations of Liability
WE WILL NOT BE LIABLE TO YOU WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE OR GOODWILL OR ANTICIPATED PROFITS OR LOST BUSINESS), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT, IN NO EVENT SHALL SHORTCUTS FOR WRITERS’ CUMULATIVE LIABILITY TO YOU ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER BASED IN CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT OR OTHER LEGAL OR EQUITABLE THEORY, EXCEED THE TOTAL COMMISSION FEES PAID TO YOU UNDER THIS AGREEMENT.
You hereby agree to indemnify and hold harmless Shortcuts for Writers and its subsidiaries and affiliates, and their directors, officers, employees, agents, shareholders, partners, members, and other owners, against any and all claims, actions, demands, liabilities, losses, damages, judgments, settlements, costs, and expenses (including reasonable attorneys’ fees) (any or all of the foregoing hereinafter referred to as “Losses”) insofar as such Losses (or actions in respect thereof) arise out of or are based on (i) any claim that our use of the affiliate trademarks infringes on any trademark, trade name, service mark, copyright, license, intellectual property, or other proprietary right of any third party, (ii) any misrepresentation of a representation or warranty or breach of a covenant and agreement made by you herein, or (iii) any claim related to your site, including, without limitation, content therein not attributable to us.
All confidential information, including, but not limited to, any business, technical, financial, and customer information, disclosed by one party to the other during negotiation or the effective term of this Agreement which is marked “Confidential,” will remain the sole property of the disclosing party, and each party will keep in confidence and not use or disclose such proprietary information of the other party without express written permission of the disclosing party.
I. You agree that you are an independent contractor, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between you and Shortcuts for Writers. 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 any other of Your Site or otherwise, that reasonably would contradict anything in this Section.
II. Neither party may assign its rights or obligations under this Agreement to any party, except to a party who obtains all or substantially all of the business or assets of a third party.
III. You may not amend or waive any provision of this Agreement unless in writing and signed by both parties.
IV. This Agreement represents the entire agreement between us and you, and shall supersede all prior agreements and communications of the parties, oral or written.
V. The headings and titles contained in this Agreement are included for convenience only, and shall not limit or otherwise affect the terms of this Agreement.
VI. If any provision of this Agreement is held to be invalid or unenforceable, that provision shall be eliminated or limited to the minimum extent necessary such that the intent of the parties is effectuated, and the remainder of this agreement shall have full force and effect.