TERMS & CONDITIONS
The terms “we”, “us” “our” and “Company” refers to A & C Enterprises Inc. These Terms & Conditions govern your use of and access to our website and/or the hosted platform on which you purchased from us, and any of our social media channels/accounts, blogs, emails or mobile applications (collectively “Site”) and your use or purchase of our services and/or products.
The term “Products” shall include but is not limited to materials, resources or information provided to you by us in our digital product, course and/or service or any digital content or information delivered or downloaded via email or other electronic means, webinars, documents, programs, courses, classes, PDFs, live posts and the like.
Client’s Acknowledgement & Acceptance of Terms
By purchasing from the Company, you are consenting to these posted Terms & Conditions (“Terms”). Please read these Terms carefully before purchasing from us.
IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU SHOULD NOT PURCHASE OUR PRODUCT OR SERVICE.
SECTION 1: REFUND POLICY & PAYMENT TERMS
Refund Policy
No refunds will be issued under any circumstances due to the downloadable nature of our Products and services.
Purchase Policy
We reserve the right to refuse or cancel any order from you, at any time, for any reason, including without limitation: availability of Products and/or services; errors in the Product or service description or price; errors in your order; multiple purchases and/or requests; we suspect you purchased with the intent to seek reimbursement; and if we suspect that your order is fraudulent, unauthorized or otherwise an illegal transaction.
We also reserve the right to change our prices at any time, within our sole discretion, prior to accepting your order. Should the prices change, you will have the right to cancel your order.
Purchase Terms
If you pay for our Product and/or service by credit or debit card, you authorize and provide permission for us and our related third-party vendors to charge your credit or debit card in the amount owed for payment of the products and/or services.
You agree not to dispute any charges made to your credit card under any circumstances (i.e. chargebacks). If you inadvertently do so, you agree to immediately cancel or withdraw such a dispute and we reserve the right to report it to the credit bureaus as a delinquent account and pursue collection. You are responsible for any fees associated with recouping payment on such disputes and any collection costs associated, including attorney’s fees.
When you purchase our Product and/or services, your personal information (i.e. contact and card information) may be collected by a third-party vendor, who may have privacy policies or security practices that are different from ours. We are not responsible for the vendor's independent policies or practices.
Order Confirmation
You will receive an email(s) to confirm the placement of your order along with a downloadable Product and/or access to the digital course, which will contain details concerning your purchase. In the event there is an error in this email confirmation or emails concerning your purchase, it is your responsibility to inform us as soon as possible.
SECTION 2: INTELLECTUAL PROPERTY
Our Site, Products and Services are protected by the copyright laws of the United States of America (“U.S.”). You understand that the Company owns the Site and Product(s), which is our intellectual property.
You may download and print certain materials from our Product(s) for your own personal and non-commercial purposes, but you may not copy or use our Product(s) for any other reason. You agree to not use or copy, frame, mirror, in link to or make similar use of any part of our Site, Product(s) or Services without our express written consent.
We may investigate any alleged violations of these Terms and take the appropriate action, in our sole discretion, which may include but is not limited to a warning, suspension of your access, termination of your access and/or legal action.
If you believe that our Site or Product(s) infringes a copyright of yours, please contact us at the email address below, and our designated agent under the Digital Millennium Copyright Act (17 U.S.C. §512) will address your concerns. However, you will be held accountable for any and all damages (including without limitation attorney’s fees and costs) should you misrepresent that our Site or Product(s) infringes on your copyright.
License to Use. By purchasing our Product(s) and/or Services, you are hereby granted one limited, non-assignable, non-exclusive, non-transferable, non-sublicensable, revocable license to the Product and/or Service that you purchased.
You are not permitted to share our Product, course and/or service with anyone.
You are expressly prohibited from utilizing the information obtained from our Product(s) and/or Services to develop derivative works. In other words, you may not leverage the knowledge acquired through our offerings to create a product that would have otherwise been beyond your capacity to develop had it not been for the information obtained from our Product and/or Services.
You expressly agree not to sell, resell, reproduce, duplicate, copy, or exploit any portion of our Site, Product(s), or Service provided or the information contained therein, or any content on the Site through which the Products are provided, without express written permission by us.
If you violate these Terms, such as giving, selling a copy of, re-selling or exploiting our Products and/or Services to others, you agree to pay for the license of the products or services that you gifted or sold to others and we reserve the right to revoke your license and terminate your access to our products or services, temporarily or permanently, in addition to other legal remedies available. Additionally, as it relates to your unauthorized creation of products based on knowledge acquired from our offerings that would otherwise be beyond your capacity, you agree to disgorge any profits derived from such products.
Non-Disclosure. By accessing or using our Products and/or Services, you agree to treat any and all information provided by us or obtained through the use of the product as confidential and proprietary. You shall not disclose, share, distribute, reproduce, or use such confidential information for any purpose other than the permitted use of the digital product.
Confidential information includes, but is not limited to, any trade secrets, proprietary knowledge and ideas, algorithms, technical specifications, designs, code, documentation, strategies, information that is not generally known to the public, or any other information designated as confidential.
You acknowledge that the confidential information is valuable and constitutes our intellectual property.
You agree to exercise reasonable care to prevent the unauthorized disclosure or use of the confidential information. This duty of confidentiality shall continue even after the termination or expiration of your use of our Products and/or Services.
SECTION 3: GENERAL PROVISIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your personal information (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You represent that you are at least the age of majority in your state, jurisdiction, or province of residence. Children under the age of 18 are prohibited from using our Site, Products and/or Service(s).
The headings or subheadings used in these Terms are included for convenience only and will not limit or otherwise affect these Terms.
Informational & Educational Purposes Only. The information provided is for general educational and informational purposes only. It should not be relied upon or used as the sole basis for decision making related to your personal life or business, without consulting primary, more accurate, more complete or more timely sources of information.
You understand and acknowledge that the information provided to you by us is not legal, financial, therapeutic, mental health, or medical advice and that the Company is not a professional service provider. Again, all of the information, including without limitation, resources provided via phone or video conference, e-mail, an online forum, live events such as webinars or lives, video/audio recordings, courses, materials provided in our digital products and the like about business, laws, health, wellness and/or finance-related information, are resources for educational and informational purposes only and should not take the place of hiring a licensed professional. You understand that the Company does not and will not provide any form of diagnosis, legal advice, medical advice, financial advice, or mental health advice.
Assumption of Risk. Any reliance on our Site, Products, and/or Services and the information contained therein or provided to you is at your own risk and you do so voluntarily. You use the information provided and our Site, Products, and/or Services at your own risk.
You accept that we are not responsible or liable for any harm or damages to you, your business, life, physical and mental health, financial, or otherwise caused by or resulting from your use of our Site, Products, and/or Services, including any actions you choose to make, or not make, as a result of using our information and/or resources.
You should consult with a professional for any and all individual questions or concerns.
Non-Disparagement. You agree to refrain from making any statements or comments of a defamatory, derogatory or disparaging nature, either publicly or privately, to any third-party regarding the Company, or any of Company’s officers, directors, employees, personnel, agents, policies, Products or services, other than to comply with law. This also includes directing others to do so. This provision in no way restricts your ability to communicate reviews or performance assessments about our products and/or services to us.This section survives termination.
No Guarantees. We cannot guarantee any outcome of using, consuming, participating or applying our Product(s) and/or Services. We make no guarantees other than that the Product(s) and/or Services shall be reasonably provided to you in accordance with these Terms. You acknowledge that Company cannot guarantee any results of the Products and/or Services as such outcomes are based on subjective factors (including, but not limited to, your participation/implementation/etc.) that cannot be controlled by the Company. Clients not achieving his or her desired results is not grounds for a refund, partial or otherwise.
Maximum Damages. The sole remedy for any actions or claims by you against A & C Enterprises Inc shall be limited to and shall not exceed $100.00.
Severability. If any term or provisions in this Agreement is found to be unlawful in any way, void or unenforceable, then that term or provision will be deemed severable from this Agreement and will not have any effect on the validity or enforceability of the Agreement and any remaining terms and provisions.
Prompt Enforcement. The failure of either party to promptly enforce this Agreement or any of its terms shall not be deemed to be a waiver of enforcement or implied modification of the Agreement regardless of the number of times or the frequency with which any such term is violated.
Attorney’s Fees. In the event of any controversy, claim or dispute between us, arising out of or related to this Agreement or the breach of this Agreement, the prevailing party shall be entitled to recover from the other party all costs incurred including attorney’s fees.
Governing Law. Unless otherwise specified, the Site, Products, and/or Services are provided by the Company and are controlled and operated by us from its South Dakota location. Thus, any disputes arising out of or related to these Terms, including our Site, Products, and/or Services, shall be resolved exclusively by South Dakota’s state or federal courts, apply South Dakota law, regardless of principles or conflicts of law.
Jurisdiction/Venue. Further, any disputes arising out of or related to these Terms, including without limitation our Site, Products, and/or Services, shall be brought within the State of South Dakota, County of Minnehaha City of Sioux Falls.
Entire Agreement. The Terms constitute the entire agreement between us and you as it relates to your use and access to our Site, Products and Services.
SECTION 4: INDEMNIFICATION
You agree to defend, indemnify, and hold harmless A & C Enterprises Inc, its affiliates, providers, or related third-parties, and each of their respective representatives and agents, from and against any and all claims, losses, costs, damages, liabilities and expenses (including, but not limited to attorney’s fees), arising from: your activities in connection with our Site, Products, and/or Services; your violations of these Terms; your improper or unauthorized use of our Site, Products, and/or Services; any claims or allegations that you transmit through or in connection with our Site, Product(s), and/or Services that infringes or violates intellectual property, privacy or other third-party rights; any unlawful or illegal conduct engaged by you under any state, federal or common law in connection with the use of or access to our Site, Product(s), and/or Services.
SECTION 5: ERRORS, INACCURACIES AND OMISSIONS
Occasionally, there may be information on or in our Site, Products, or Services that contains typographical errors, inaccuracies, or omissions that may not be current or complete. We reserve the right to correct these errors, inaccuracies, or omissions at any time without prior notice. We also make no representation or warranty as to the information provided, regardless of its source. We disclaim all liability for any inaccuracies, errors or omissions in that information.
We reserve the right to update, change or replace any part of these Terms by posting updates and/or changes to our website, platform, Products, Services, and the like. It is your responsibility to check the appropriate Terms periodically for changes. Your continued access and/or use of the digital products/courses following the posting of changes constitutes your acceptances of those changes.
We also reserve the right to modify the contents and/or information on or in our Site, Products, and/or Services at any time, but we have no obligation to update any information or notify you of those changes. You agree that it is your responsibility to monitor changes to our Products, and/or Services.
SECTION 6: DISCLAIMER OF WARRANTIES
AND LIMITATION OF LIABILITY
Limitation of Liability. IN NO EVENT SHALL THE COMPANY, ITS REPRESENTATIVES, PROVIDERS OR OTHER THIRD-PARTIES MENTIONED ON THIS SITE, OUR PRODUCT AND/OR SERVICES BE LIABLE FOR ANY DAMAGE WHATSOEVER RESULTING FROM OR RELATED TO YOUR USE OF OR ACCESS TO OUR SITE, PRODUCTS AND/OR SERVICES. YOU AGREE TO ABSOLVE US, OUR PROVIDERS AND OTHER RELATED THIRD-PARTIES FROM ANY AND ALL DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGE ARISING OUT OF OR RELATED TO YOUR USE AND/OR ACCESS TO OUR SITE, PRODUCTS AND/OR SERVICES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE OR INFORMATION PROVIDED IN OUR PRODUCTS AND/OR SERVICES IS TO STOP USING THIS SITE OR OUR PRODUCTS AND/OR SERVICES.
Disclaimer of Warranties. Without limiting the foregoing “Limitation of Liability” provision, this Site and Content is provided to you “AS IS” and A & C Enterprises Inc specifically DISCLAIMS ALL WARRANTIES OR ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT WITH RESPECT TO THE SITE, PRODUCTS AND/OR SERVICES. FURTHER, WE DO NOT WARRANT THAT ACCESS TO THIS SITE, PRODUCTS AND/OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. No advice or information, whether oral or written, provided to you from us or any related third-parties shall create a warranty not expressly stated in these Terms.
We also reserve the right to modify or discontinue, either temporarily or permanently, our Site, Products, and/or Services, at any time, without notice. We may also impose limits on your use or restrict access to you to any part of the Site, Products, and/or Services without notice or liability. You consent and agree that we will not be liable to you or third-parties for any such modification, termination or suspension of us, or discontinuance of the same.
SECTION 7: RULES OF CONDUCT
By using our Site, Products and/or Services you agree to adhere to the following Rules of Conduct. If you violate these Rules of Conduct, we reserve the right to remove you and any access you may have to our Site, Products and/or Services. Whether conduct violates our Rules of Conduct will be determined in our sole discretion.
No Illegal Activity. You may not use the Site, Products and/or Services for any illegal activity, including without limitation any kind of conduct that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
No Fraud. Yes, this is probably covered in the No Illegal Activity section above, but we want to make this very clear. Fraudulent activities in any capacity are strictly prohibited.
No Bad Conduct. Do not use our Site, Products and/or Services to transmit, distribute, send, or otherwise expose the Site, Products and/or Services or its viewers/users to viruses, worms, or any other code that may be deemed dangerous, harmful, or destructive in any manner. You are also not allowed to modify, reverse engineer, frame, mirror, or adapt any portion of the Site, Products and/or Services. You may not interfere with the Site’s operations or make connection to the Site inoperable or transmit any viruses, worms, or harmful code.
No Spamming. You may not use our Site, Products and/or Services to engage in any activities that will result in sending spam to anyone.
Be Civil. You may only use our Site, Products and/or Services in a civil and respectful way at all times.
No Exploitation. You may not violate the Site’s viewer’s/user’s rights to privacy or collect our viewer’s/user’s personal or non-personal information used or collected by us, without our express consent. You may not license, sell, resell, transfer or exploit your use or access to the Site, Products and/or Services, including without limitation sharing your login credentials with others, if applicable.
No Impersonation. You may not create a false identity or user account, impersonate another person or entity, or misrepresent yourself in any way to us.
No Data Mining or Bots. You may not use any data mining, robots, or similar data gathering or extraction methods.
No Use Other Than Intended. You may not use our Site, Products and/or Services for any purposes other than intended.
No Prohibited Content. You may not use our Site, Products and/or Services in a manner that is libelous, slanderous, pornographic, obscene, unlawful, threatening, hateful, harmful, abusive, harassing, violent, predatory, defamatory, or otherwise objectionable, all of which shall be determined in our sole discretion.
These rules are designed to maintain a safe and respectful environment for all users. We appreciate your cooperation in upholding these standards while using our Site, Products and/or Services.
SECTION 8: THIRD-PARTY LINKS
Affiliate Links. Our Site or Products may use affiliate links to promote certain Content, Companies, third-parties, and products or services. We use affiliate marketing to receive a commission, service and/or complimentary product for purchases made by you on the affiliate website using such links from our Site and/or Products. You accept liability for any and all harm or damages or benefits of clicking on the affiliate links contained on our Site and/or Products. We in no way guarantee the quality of the affiliate product or service provided by any third-party and bear no liability with respect to such product, service or experience.
The Company’s representative, Carissa, is also a participant in the Amazon Services LLC Associates Program. As an Amazon Associate, we may earn a commission from qualifying purchases when you buy through links on our Site.
Links to Other Sites/Information. Our Site or Products may contain links to other websites, which are not affiliate links. These links are only provided for the user’s convenience. We do not endorse or verify the accuracy of the information contained on third-party websites accessed through these links. We in no way guarantee the quality of the third-party product or service and bear no liability with respect to such product, service or experience. If you use the link on our Site or Product and access a third-party website, you are no longer covered by our Privacy Policy and Terms & Conditions. Any questions or concerns regarding a third-party website or resources should be directed to the third-party. We bear no responsibility for any action or non-action you take associated with the third-party.
Use of Artificial Intelligence Software/Applications. We may offer suggested prompts to assist you. These prompts are provided for your convenience and inspiration, but we do not guarantee specific results. The effectiveness of accuracy, and suitability of the prompts may vary based on your unique circumstances. You are solely responsible for reviewing, editing, and implementing the prompts to align with your brand and legal requirements. Our services and/or products are not a substitute for professional advice, and we disclaim any liability for any damages or losses resulting from the use of the prompts and resulting information.
SECTION 9: TESTIMONIALS
Our Site, Products, and/or Services may contain testimonials by users of our Site or former customers or our Products and/or Services. The views and opinions expressed in these testimonials are solely those of the individual or business and do not reflect our views or opinions. We do not pay or compensate these individuals or businesses for their testimonials and are not affiliated with them. Individual results may vary, and testimonials are not intended to represent or guarantee that you or anyone will achieve the same or similar result. All testimonials are provided by real persons with real life experiences, and may not represent a typical user’s experience. We do not claim, and you should not assume, that all users will have the same results or experiences as those expressed in the testimonials. Your individual results may vary.
SECTION 10: FEEDBACK/REVIEWS
Any communication from you that is directed to us or is about us will not be privileged or confidential and may be shared with third-parties, subject to the Stan Store’s Privacy Policy.
We own such communication from you and any such communication displayed on our Site, Products and/or Services, including without limitation social media posts, direct messages and emails and we will not provide credit to or pay royalties to any such unsolicited user content. We reserve the right to republish and use any such communication provided by you in whole or in part as necessary in our business operations and course of business. You agree to not communicate with us for any unlawful or illegal purpose.
SECTION 11: EARNINGS DISCLAIMER
Any earnings or income/financial claims or examples shown on our Site, Product and/or Services are only estimates of what is possible now or in the future. We make no income/financial claims or guarantees of any kind regarding financial outcomes or potential income based on your use of our Site, Products and/or Services (or our Affiliate Program). We make no guarantees that you will earn any money using any of our Content, Products and/or Services and your income or earnings are solely dependent on your actions or non-actions.
SECTION 12: AFFILIATE PROGRAM
This Agreement explains the rules and expectations for this affiliate relationship, such as how it all works, the commission structure and how Affiliates are paid, what roles and responsibilities are in place for both our valued Affiliates and us - along with other important details to be aware of.
This Agreement also serves to answer your questions, prevent misunderstandings, and pave the way for a successful partnership!
Please read this carefully before signing up to become our Affiliate.
IMPORTANT SUMMARY
You agree to make it clear to referred parties and the public that you are an Affiliate, and not an employee or us.
You agree not to alter our branding, logo, offers/product/service/website descriptions and the like
You agree not to promote our products or services in an unethical manner.
You agree not to disparage or misrepresent the Company.
You agree not to send unsolicited commercial messages and to comply with any anti-spam rules and regulations in your jurisdiction.
You agree to comply with all advertising and marketing rules and regulations.
You will not promote the Company, its products or services on or through any sites with inappropriate content, as determined by the Company.
You agree that any violation of these terms may result in forfeiture of commissions earned and removal from the Affiliate Program.
We do not guarantee any specific results, outcomes, or income that may be achieved through your participation in our Affiliate Program. Your earnings are determined by various factors, including your efforts and market conditions.
As an Affiliate, you are solely responsible for the results of your actions.
AFFILIATE TERMS & CONDITIONS
This Affiliate Program Agreement ("Agreement") is between an Affiliate ("you," "your") and A & C Enterprises Inc. (“us,” “we,” or the “Company”). In the event of any inconsistency between the terms of the Affiliate Program and the Terms and Conditions above, the terms of this Affiliate Program shall prevail.
Your participation in our Affiliate Program is conditional on your acceptance of these terms and conditions contained in this Agreement, which expressly include the above Important Summary as well. Further, this Agreement governs your use of and access to our website and/or the hosted platform on which you applied to affiliate with us (collectively “Site”).
You are deemed to have accepted this Agreement by applying to and participating in the Affiliate Program.
Who Can Be An Affiliate?
All Affiliates must be at least eighteen (18) years old. By entering into this Agreement, you affirm that you are at least eighteen (18) years old.
What Does An Affiliate Do?
An Affiliate is an individual who takes on the role of promoting and marketing our Company, products, or services. The Affiliate earns a commission for each sale generated by a first time purchaser as a result of their promotional efforts.
How Does This Affiliate Program Work?
To be part of the Affiliate Program, you must direct others to use your unique Affiliate Link. When a new potential customer visits the Company or its related Site(s) through your Affiliate Link and makes a qualifying purchase, you, as the Affiliate, earn a commission from the Company, specifically for first-time customer sales only.
How Much Does An Affiliate Earn From Each Qualifying Sale?
As an Affiliate, you qualify for 50% of the net profit received from a qualifying customer sale (“Commission).
If the Company’s products are not purchased via your Affiliate Link, referrals cannot be tracked by the system and will not be paid out. Notification to the Company will not affect this policy.
How is an Affiliate Paid?
All Commissions are paid in US Dollars via PayPal or directly deposited into a bank account you provide (i.e. ACH payment). Payments are initiated when your earned commissions reach a minimum threshold of $100.
We start paying affiliate commissions no sooner than 30 days after the consumer’s purchase through your Affiliate Link, but no later than 90 days thereafter. Upon request, we may, in our sole discretion, provide a ledger or screenshot of the qualified transactions for your records.
PURCHASE REFUNDS (AKA CHARGEBACKS)
If we are charged back (due to a customer refund) at any time up to twelve (12) months from the date of sale, we will charge you back for that Commission via an invoice and/or deducted from any current pending Commissions.
12.1 YOUR RESPONSIBILITIES AS AN AFFILIATE
Providing Correct Information. You are responsible for providing the Company with your correct contact information at the time that you register for the Affiliate Program and you must keep your contact information up-to-date. Your failure to provide us with correct contact information could result in the suspension of your Affiliate Program account because we may be unable to contact you regarding important issues concerning the Affiliate Program and your participation therein. If you become aware that we have been provided incorrect contact information or if your contact information becomes out-of-date, you must immediately contact us and provide correct contact information. After 12-months of non-compliance due to a lack of contact, we may terminate your registration and you will forfeit all Commissions owed to you.
Prohibited Actions. You agree not to:
Purchase from the Company or related products or services using your own personal affiliate link. To clarify, you, as an Affiliate, cannot register yourself as a referral.
Share your Affiliate Link on third-party awards, promotional, or coupon websites. To clarify, you, as an Affiliate, should only be referring purchasers from your own assets such as your website, email list, or social media channels.
Misrepresent the Company, its agents/representatives, or any of our other Site(s), products, or services.
Make disparaging or derogatory statements or comments, either publicly or privately, about the Company, its agents or representatives, or any of our products or services.
Engage in any conduct that is likely to impair or cause damage to the operation of the Company or the Company’s Site whether by way of a virus, corrupted file or through use of any other software or program.
Federal Trade Commission Guidelines. You agree to follow the Federal Trade Commission (FTC) endorsement guidelines. (Click below to read "The FTC's Revised Endorsement Guides: What People are Asking" for more information). Read Here.
Anti-Spam Policy. You agree to comply with all U.S. Federal CAN-SPAM Acts. We have a zero-tolerance policy towards unsolicited commercial messages or any violations by Affiliates of the anti-spam rules and regulations. If, at our absolute discretion, we establish that you are involved with spam messages in any way including creating, sending, or otherwise distributing unsolicited commercial messages, then we may immediately terminate your Affiliate Program account and you will forfeit all Commissions owed to you.
Email Communication. By applying to and/or participating in our Affiliate Program, you consent to receiving electronic communications from us, including newsletters, promotions, and updates. These emails will be sent to the provided email address. You can opt out anytime by clicking on the “unsubscribe” link, though non-promotional emails related to your account or transactions may still be sent. You may withdraw consent, but this might affect access to certain services and updated information. We accept no responsibility for the accurate receipt of any such emails and you are responsible for ensuring that your email address is not blocked or impaired in any way, including by ensuring 'white-listing' of our email address.
12.2 ADDITIONAL INTELLECTUAL PROPERTY NOTICES
Ownership. We reserve all rights in and to our trademarks, service marks, copyrights, and other intellectual property rights that may exist for our Company and/or in our Site including text, illustrations, photographs, video, music, sounds, layout, designs, or source code, belonging to the Company, or any of our other properties or to our licensors ("Intellectual Property"). You must not use, copy, modify, adapt, reproduce, store, distribute, print, display, perform, publish, or exploit any of our Intellectual Property except as expressly provided in this Agreement or with prior written permission from us.
Modification And Display Of Intellectual Property. You are not permitted to make any changes to any of our Intellectual Property including without limitation the logos and images from the Company or any of our other properties. You must not display such items in any way that might be deemed distasteful or that defames or misrepresents the Company, any of our other properties, or the Affiliate Program.
Use Of Intellectual Property. You may use the particular logos and images of the Company for purposes related to your participation in the Affiliate Program only.
You may NOT:
Download our videos and/or re-post them on YouTube, social media platforms, other video-sharing sites, or anywhere else.
Download our photos, carousels, or the like on Instagram or Facebook, or other photo-sharing sites or anywhere else.
Download our PDFs, programs/courses and/or distribute them anywhere.
Use any content, testimonials or screenshots from any services or products, or the Company UNLESS it is your own information that you have personally shared.
Brand Name Restrictions. You are not permitted to purchase, bid on, or otherwise attempt to acquire any of the Company’s brand name keywords with respect to Internet search engines; create or use any Facebook pages with the Company in the brand name or URL; or register or use domains that include the wording "A & C Enterprises Inc." or any similar wording in the root part of the domain (between the "www" and "com/net/etc.") The Company’s brand name keywords or similar wording and any misspelling or variation of the same.
12.3 AFFILIATE BRANDING
As valued affiliates of our program, you play a crucial role in promoting our Company and its offerings. This section outlines guidelines and opportunities for you to effectively represent our brand. It also explains how you can use our intellectual property in your marketing efforts while maintaining transparency through affiliate disclaimers.
By adhering to these standards, you'll not only help us build a stronger brand presence but also create a trusted and mutually beneficial relationship with your audience.
Our Intellectual Property Usage Rules. You are permitted to use our brand names and logos as described below, but you MUST follow our usage and placement rules as detailed below.
Make it clear that you are a third-party affiliate, in no way employed by us, and that your website/blog is in no way owned, operated, maintained or otherwise directly associated with the Company (for example, by including a statement to that effect prominently on your site).
Request logos from us and specify where you will be using them.
Do not stretch, change the color of, or in any way recreate or alter our logos.
Include copyright with each brand logo usage.
Refrain from foul language or profanity.
You may NOT use any of our brand names or variations thereof within a domain name.
You are permitted to use our brand names on your personal website/blog provided you follow our usage rules above.
Affiliate Disclaimer. As an Affiliate, it is your responsibility to comply with affiliate marketing rules and regulations. In many jurisdictions, regulations and consumer protection laws require affiliates to disclose their relationships and financial interests.
This disclosure is important because it ensures transparency and honesty in affiliate marketing, allowing customers to make informed decisions based on the knowledge that the affiliate has a financial interest in the sale.
An affiliate disclaimer needs to be placed:
Near Affiliate Links. Affiliates should place the disclaimer near any affiliate links on their websites, blogs, or social media posts, so it's clear to visitors that the link may result in a commission.
In Website Footers. Affiliates should include the disclaimer in a website footer if they promote their Affiliate Link on their own website, ensuring it's visible on every page.
Within Blog Posts or Reviews. If affiliates are promoting products through written content, the disclaimer should be placed within the blog post or review where the affiliate links are present.
On Social Media Posts. For affiliates using social media, they should include the disclaimer in a post that contains the affiliate link and/or in the caption to that post.
In Video. If affiliates are promoting products through videos, the disclaimer should be placed in the video description, in a text overlay on the video itself, and verbally stated in the video as well.
In Email Marketing. If affiliates are using email marketing, they should include the disclaimer in email footers or within emails when promoting affiliate products.
Here are a few example affiliate disclaimer as reference:
Affiliate Disclaimer: Please note that this link is an affiliate link, which means I may earn a commission if you make a purchase through this link. This commission comes at no additional cost to you. I recommend this product/service because I have found it valuable and believe it can benefit you.
Affiliate Disclaimer: This is an affiliate link. I may earn a commission if you make a purchase through this link, at no extra cost to you.
Affiliate Disclaimer: This link is affiliated. When you make a purchase through it, I may earn a commission. Your support helps me continue to provide valuable content and recommendations.
In General. You may not promote a competitive product as an Affiliate. If you are engaging in the paid promotion of competitive products, such as an affiliate for a competitor, you are in breach of this Agreement. If you are in breach of this Agreement, your profile will be terminated with or without notice, and you hereby forfeit any outstanding commissions earned from the time your breach of this Agreement is discovered.
You may not use the real names of our customers, make any financial claims or promises, or reveal privileged information including but not limited to:
• Testimonials you obtain by asking any client of the Company.
• Any information received during any of our training (i.e., live Q/A, webinars, courses) or information we provide to you.
You may not advertise or promote the Company’s products or services, or any of our other properties, products, or services on any sites that:
• Promote tobacco, sexually explicit material, violence, pirated materials, illegal activities, gambling or sites that promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
• May be owned or maintained by the operator of a SIN Stock as defined here: http://sinstocksreport.com/list-of-sin-stocks/.
• Contain extensive religious commentary or attempts to preach or solicit members for a particular church or faith; or
• Contain any violations of intellectual property rights or any other laws not otherwise listed here.
12.4 GUARANTEES, LIABILITY AND DISCLAIMERS
No Guaranteed Outcomes. We do not make any income or financial claims, and we do not guarantee any financial results or success from participating in our Affiliate Program. Your income or Commissions are solely dependent on your actions or non-actions.
Limitation of Liability. To the extent legally permitted, in no event shall the Company, or its products/services, its Site or any of our other properties, our agents/representatives, or our affiliates, distributors, licensors, or any of our or their directors, employees, or agents be liable as a result of your use of our Site or participation in the Affiliate Program for direct, indirect, special, incidental, punitive or consequential damages, losses or expenses, including without limitation loss resulting from business disruption, loss of data, lost profits, lost goodwill, or damage to systems or data howsoever arising including without limitation through an action in contract, tort (including negligence) or otherwise regardless of the cause, even if we or our representatives, affiliates, distributors, licensors, or agents, or any of our or their directors, employees, or agents have been advised of the possibility of such damages.
No Warranties. Without limiting the foregoing “Limitation of Liability” provision, this Site, its Content, our products and services, and our Affiliate Program is provided to you “AS IS” and the Company specifically DISCLAIMS ALL WARRANTIES OR ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND FURTHER DISCLAIMS ANY REPRESENTATIONS OR GUARANTEES OF ANY KIND (WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE) WITH RESPECT TO THE SITE, RELATED INFORMATION, AND OUR AFFILIATE PROGRAM. FURTHER, WE DO NOT WARRANT THAT ACCESS TO THIS SITE OR OUR AFFILIATE PROGRAM WILL BE UNINTERRUPTED OR ERROR-FREE. No advice or information, whether oral or written, provided to you from us or any related third-parties from our Site or our Affiliate Program shall create a warranty not expressly stated in this Agreement.
Security. Although we endeavor to protect the security of your contact information, you acknowledge the risk of unauthorized access to (or alteration of) your transmissions or data or of the information contained on your computer system or on our websites. We do not accept responsibility or liability of any nature for any losses you may sustain as a result of such unauthorized access or alteration. All information transmitted to or from you is transmitted at your own risk, and you assume all responsibility and risks arising in relation to your use of this website and the Internet. We do not accept responsibility for any interference or damage to your own computer system which may arise in connection with your accessing of our websites or any outbound hyperlinks.
12.5 INDEMNIFICATION
You agree to defend, indemnify, and hold harmless us, our affiliates, providers, or related third-parties, and each of their respective representatives and agents, from and against any and all claims, losses, costs, damages, liabilities and expenses (including, but not limited to attorney’s fees), arising from: your activities in connection with our Site, Products, and/or Services; your violations of this Agreement; your improper or unauthorized use of our Site, Products, and/or Services; any unlawful or illegal conduct engaged by you under any state, federal or common law in connection with the use of or access to our Site, Product(s), and/or Services and/or your participation in our Affiliate Program. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
12.6 TERM AND TERMINATION
Term. This Agreement is effective immediately upon your acceptance of this Agreement and shall continue until terminated as described in this section.
Termination. Both parties to this Agreement reserve the right to terminate this Agreement at any time without notice. The obligations of confidentiality, as well as any other provisions of this Agreement that, by their nature, should survive termination, shall continue to apply even after the termination of this Agreement.
In the event of termination of this Agreement, all outstanding Commissions due to Affiliate will be payable, so long as the necessary refund period has passed. In the event of a chargeback occurring within twelve (12) months following termination, all monies will be invoiced to Affiliate and must be paid within thirty (30) days of receipt.
In the event we terminate this Agreement due to breach by Affiliate, Affiliate shall not be entitled to any outstanding Commission payments.
12.7 GENERAL TERMS
Waiver. Any waiver of a breach of or right under this Agreement will not constitute a waiver of any other or subsequent breach or right.
Independent Contractor. You are acting as an independent contractor when acting as an Affiliate. No partnership, joint venture, employment, or legal entity is created between the parties to this Agreement. As an Affiliate, you shall have no claim against the Company for vacation pay, sick leave, retirement benefits, social security, worker’s compensation, health or disability benefits, unemployment insurance benefits, or employee benefits of any kind.
Amendments. We reserve the right to amend this Agreement as needed from time to time. You are bound by any changes made to this Agreement and your acceptance of any income through or due to the Affiliate Program will be regarded as acceptance by you of any changes to this Agreement. We will endeavor to inform you of any changes made to this Agreement via email.
Modifications. We also reserve the right to modify or discontinue, either temporarily or permanently, our Affiliate Program, at any time, without notice. We may also impose limits on your use or restrict access to you to any part of the Affiliate Program without notice or liability. You consent and agree that we will not be liable to you or third-parties for any such modification, termination or suspension of us, or discontinuance of the Affiliate Program, aside from any outstanding and earned commissions subject to other terms herein.
Feedback. If you provide us any feedback about our Affiliate Program, you grant us the right to use that feedback for the purpose of improving our Affiliate Program (and for any other purpose we deem necessary or desirable) without being obliged to pay you any compensation in respect of our use of that feedback. If you do send us unsolicited ideas, such ideas will be deemed non-confidential, and we will not be required to provide any acknowledgment of their source.
Severability, Headings & Merger. Headings are inserted for convenience and shall not affect the construction of this Agreement. The singular includes the plural and vice versa. If any portion of this Agreement is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law to the greatest extent possible to reflect the original intentions of the parties, and the remainder of the provisions shall remain in full force and effect. If any provision in this Agreement shall be held by a court of competent jurisdiction to be contrary to law, that provision shall be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law, and the remaining provisions in this Agreement will remain in full force and effect. This Agreement supersedes any existing communications or Agreements, and is the full extent of the agreement between the parties.
Assumption Of Risk. Your participation in our Affiliate Program is voluntary. And, you participate in this Affiliate Program at your own risk. Your use of our Affiliate Program is solely voluntary, and you accept that we are not responsible or liable for any harm or damages to you, your business, life, physical and mental health, financial, or otherwise caused by or resulting from your use of our Affiliate Program, including any actions you choose to make, or not make.
Notices. All notices, requests, demands, and other communications under this Agreement to us shall be in writing and sent to carissa@carissadevries.com and to the Affiliate’s email address provided at the time of its electronic application to the Affiliate Program.
Neutral Construction. This Agreement, although prepared by the Company, is to be interpreted in a manner that is fair to both parties. It shall not be construed against the Company solely because of its preparation by the Company and/or its legal counsel.
Taxes. Affiliate represents, warrants and agrees that the Affiliate will be solely and exclusively responsible for managing their own tax obligations in compliance with any and all federal, state and local taxes that are or may become due for the earned Commissions. If any claim is asserted with respect to the Commissions by any taxing authority against the Company, then the Affiliate shall indemnify and hold harmless the Company from any cost, loss, liability, expense, interest, penalty, and fees arising from such claim.
Terms and Conditions. You must also read and comply with our Terms & Conditions above to participate in this Affiliate Program, which are incorporated herein by reference.
All Rights Reserved. All rights not expressly granted in this Agreement are reserved by us.
SECTION 13: CONTACT US
Questions or concerns about these Terms should be sent to us at: hello@carissadevries.com
