AFFILIATE AGREEMENT
THE ULTIMATE BRANDING COURSE (UBC)
www.digitalbiz.agency
Effective date: 1st August 2024

1. Introduction
This Affiliate Agreement ("Agreement") is entered into by and between Digital Biz Agency LLC ("Company") and the individual or entity registering as an affiliate ("Affiliate"). This Agreement governs the terms and conditions for participation in the Company’s Affiliate Program for the promotion of The Ultimate Branding Course (UBC). By enrolling in the Affiliate Program, the Affiliate agrees to comply with all terms and conditions set forth herein. This Agreement becomes effective on the date the Affiliate registers for the program ("Effective Date").

2. Definitions

• "Affiliate": An individual or entity that has enrolled in the Affiliate Program and promotes the Company’s products.
• "Affiliate Program": The program provided by the Company to Affiliates for the promotion of UBC.
• "Affiliate Link": A unique URL provided to the Affiliate for tracking sales generated through the Affiliate's marketing efforts.
• "Commission": The financial remuneration earned by the Affiliate for each sale made through their Affiliate Link.
• "Confidential Information": Any non-public information disclosed by the Company to the Affiliate under this Agreement.
• "End User": The final purchaser of UBC.
• "Products": The Ultimate Branding Course and any other products designated by the Company.
• "Website": The website located at https://digitalbiz.agency.
  

3. Affiliate Program Enrollment
To enroll in the Affiliate Program, the Affiliate must complete and submit an application through the Company’s website. The Company reserves the right to approve or reject any application at its sole discretion. Enrollment in the program is contingent upon acceptance of the application by the Company.

4. Affiliate Obligations

The Affiliate agrees to:

• Promote the Products in a professional manner.
• Use only promotional materials provided or approved by the Company.
• Comply with all applicable laws and regulations.
• Refrain from engaging in any deceptive, misleading, or unethical practices.
• Not make any false or unauthorized claims about the Products.
  

5. Affiliate Links
The Affiliate will be provided with unique Affiliate Links. The Affiliate is responsible for ensuring that the Affiliate Links are correctly implemented and maintained on their website or promotional channels. The Company is not liable for any tracking errors resulting from improperly formatted Affiliate Links.

6. Commissions
The Affiliate will earn a Commission for each sale of the Products made through their Affiliate Links. The Commission rate is specified on the Company’s website and may be subject to change at the Company’s discretion. Commissions will be paid out on a monthly/weekly/daily basis, provided that the Affiliate has reached the minimum payout threshold specified by the Company.

7. Order Processing
The Company will process orders placed by End Users who follow the Affiliate Links. The Company reserves the right to reject orders that do not comply with its policies. The Company will be responsible for all aspects of order processing and fulfillment, including payment processing, cancellations, and returns.

8. Policies and Pricing
All End Users purchasing through the Affiliate Links will be deemed customers of the Company. The Company’s policies and pricing will apply to these customers. The Company may change its policies and pricing at any time. The Affiliate does not have authority to modify any of the Company’s policies or pricing.

9. License
The Company grants the Affiliate a non-exclusive, non-transferable, revocable license to access and use approved marketing materials for the sole purpose of promoting the Products under this Agreement. The Affiliate agrees not to use any Company trademarks, logos, or other intellectual property in a manner that is misleading, defamatory, infringing, or otherwise damaging to the Company.

10. Confidentiality
The Affiliate agrees to keep all Confidential Information disclosed by the Company confidential and to use such information only for the purposes of performing their obligations under this Agreement. The Affiliate shall not disclose any Confidential Information to any third party without the prior written consent of the Company. This obligation of confidentiality shall survive the termination of this Agreement for a period of five (5) years.

11. Term and Termination

11.1 Term: This Agreement shall commence on the Effective Date and remain in effect until terminated by either Party.

11.2 Termination: Either Party may terminate this Agreement at any time, with or without cause, by giving the other Party written notice. Upon termination, the Affiliate must cease using all Affiliate Links and remove all promotional materials related to the Products.

12. Relationship of Parties
The Affiliate and the Company are independent contractors. Nothing in this Agreement shall create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the Parties. The Affiliate has no authority to act on behalf of the Company or bind the Company in any way.

13. Affiliate Representations and Warranties

The Affiliate represents and warrants that:

• They have the full right, power, and authority to enter into this Agreement and perform their obligations.
• They will comply with all applicable laws, rules, and regulations in their performance under this Agreement.
• They will not engage in any activity that could harm the Company’s reputation or interests.
  

14. Limitation of Liability
To the maximum extent permitted by law, the Company shall not be liable for any indirect, incidental, special, or consequential damages, or any loss of revenue, profits, or data, arising in connection with this Agreement, even if the Company has been advised of the possibility of such damages. The Company's total liability arising from this Agreement shall not exceed the total Commissions paid to the Affiliate under this Agreement.

15. Disclaimers
The Company makes no express or implied warranties or representations with respect to the Affiliate Program or any Products sold through the Affiliate Program. The Company does not guarantee that the Affiliate Program will be uninterrupted or error-free and will not be liable for any consequences of interruptions or errors.

16. Governing Law
This Agreement shall be governed by and construed in accordance with the laws of Dallas, Texas, without regard to its conflict of law principles. Any disputes arising under or in connection with this Agreement shall be resolved exclusively in the state or federal courts located in Dallas, Texas.

17. Modifications to the Agreement
The Company reserves the right to amend or modify this Agreement at any time, in its sole discretion. Any changes will be effective upon posting on the Company’s website. The Affiliate’s continued participation in the Affiliate Program after such posting constitutes acceptance of the new terms and conditions.

18. Compliance with Laws
The Affiliate agrees to comply with all applicable laws, statutes, regulations, and codes in their performance under this Agreement. The Affiliate will not engage in any conduct that would cause the Company to violate any laws, statutes, regulations, or codes.

19. Miscellaneous Provisions

19.1 Entire Agreement: This Agreement constitutes the entire agreement between the Parties regarding its subject matter and supersedes all prior agreements and understandings.

19.2 Severability: If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

19.3 Waiver: No waiver of any breach or default hereunder shall be deemed a waiver of any subsequent breach or default.

20. Contact Information
For any questions or notices related to this Agreement, Affiliates may contact the Company at:

Email Address: support@digitalbiz.agency
Mailing Address: Digital Biz Agency LLC, 539 W. Commerce St Suite #4415, Dallas, TX 75208