Joint Venture Agreement

You are entering into this agreement in order to form a mutually beneficial business relationship. The terms of the relationship are laid out below. If you do not understand or do not agree to the following terms, do not agree to these terms, as they are binding once you have agreed.

Parties
This Agreement is entered into by Healing With Sara Mae (“Party A”) and you (“Party B”).

Purpose
The purpose of this Agreement is to establish an affiliate relationship between Party A and Party B so Party B may receive monetary compensation for the advertisement and promotion of all qualifying Healing With Sara Mae products administered by Party A through referral purchases.

Obligations

Party A

Party A agrees to do the following: Party A will make available to Party B links, text links, and advertisements to be placed on Party B’s web site , email or social media which will direct users to Party A’s web site via hypertext link. As a Program Affiliate, Party B is given a limited term license, during the term of Party B’s active participation as a Program Affiliate, to utilize Party A’s logo images provided to Party B on the web site that Party B designates in the Recipient Affiliate Program Application.

Party A will monitor and account for purchases generated by Party B’s referral links; collect and pay 15% commission to Party B for all individuals that purchase and pay in full for all qualifying Healing With Sara Mae products who were referred by Party B using Party B’s personalized affiliate link quarterly following the referral purchase.

Party B

Party B agrees to do the following: Party B is at least 18 years of age; apply and register for the affiliate program through Party A’s website; affirm all information in the application is correct and true; advertise, promote, and recommend Healing With Sara Mae products to their audience, on social media, their website, email marketing list, and in any other way Party B deems is appropriate and legal using only the promotional materials provided by Party A. Party B is solely responsible for the content where referral links are placed and shall conform to all applicable laws and regulations at all times. Party B understands that chargebacks may occur up to six (6) months after a successfully referred purchase. As such, Part B may receive an affiliate payment that was generated for a purchase that results in a chargeback. Therefore, Party A will deduct future commissions against the owed amount. Party B is fully responsible for all costs and expenses of maintaining and marketing the Affiliate Program, including but not limited to all costs associated with the creations, hosting, modification, and improvements to the Party B’s web site, costs of search engine placement and other internet marketing, costs of inserting Party A’s links into its web site, offline marketing costs, postage costs, and all other costs and expenses, and the Party B hereby holds Party A harmless from or against the same.

Commissions

Party A will pay and Party B will receive 15% of the total purchase price of  all qualifying Healing With Sara Mae products, for referrals who purchase through Party B’s affiliate link only. (Note: Party B will not receive compensation if Party B’s link is not used)

Affiliate commission is available on select  Healing With Sara Mae PRODUCTS and does NOT APPLY TO 1:1 SERVICES.

Commission will be paid via PayPal. These commission payments will either be made in full or monthly dependent upon how the referral purchase is made. If the referral purchase is made in full, the commission will be paid in full (quarterly after purchase is made). If the referral purchases through a monthly payment plan, Party B will receive compensation quarterly after each monthly payment is made.

Party A is not responsible for the failure to assign any sale or commissions to Party B if the same results from the improper formatting of the link from Party B’s web site. Party B should assure at all times that the link is appropriately formatted and report any problems that Party B may have with the same to Party A immediately.

Party A will only pay commissions to Party B if purchases are made through Party B’s link.

If Party A's referred client defaults on their payment plan, Party B will not pay any accrued unpaid commissions until Party A's referred client has an active and current payment plan.

Benefits

 (Monetary and otherwise)
Party A will benefit in the following way: Party A will receive monetary compensation when individuals purchase Party A’s product using Party B’s affiliate link.

Party B will benefit in the following way: Party B will receive 15% commission on the total purchase price of the product when purchased by referrals using Party B’s personalized affiliate link.

Money received by the Joint Venture will be tracked in the following way: Party B will receive a personalized link that will be tracked by Kajabi.

Contributions

 (Monetary and otherwise)
Party A agrees to contribute fulfillment of all qualifying Healing With Sara Mae products for all referral purchases; adequate promotional materials and the appropriate information necessary for Party B to successfully advertise all qualifying Healing With Sara Mae products to Party B’s audience.

Party B agrees to contribute the necessary time and expertise to promote all qualifying Healing With Sara Mae products to Party B’s audience. Party B is financially responsible for all costs associated with the creations, hosting, modification, and improvements to the Party B’s web site, costs of search engine placement and other internet marketing, costs of inserting Party A’s links into its web site, offline marketing costs, postage costs, and all other costs and expenses, and Party B hereby holds Party A harmless from or against the same. Party B will be responsible for their audience’s inquiries regarding all qualifying Healing With Sara Mae products. Party B will provide hosting for their own promotional activities of all qualifying Healing With Sara Mae products

Termination - Breach - Disparagement

Termination
Either party may terminate the Agreement at any time with notice to the other party. All materials will be returned to their original owners. Any money received up until notification of termination will be divided among the parties as described in Paragraph 2.

Breach
The following actions constitute a breach of this Agreement. If either party engages in the following behavior or fails to act in a way listed below, the Agreement will be considered terminated: participation in affiliate fraud, such as spamming, fake clicks or referrals, trickery or forcing followers into affiliate purchases, illegal financial transactions, fake websites, traffic diverting, copying site and contents of all qualifying Healing With Sara Mae products, registering multiple variations of Party A’s domain name, black hat activities, etc; public criticism, slander, and defamation of Party A and/or qualifying Healing With Sara Mae product; publishing or revealing confidential information within this agreement or any other agreement entered into between Party A and Party B.

Non-Disparagement
Both Parties agree to not take any actions, make any statements, whether oral or in writing, that negatively impact the other party’s business, services, products, or reputation.

Assignment - Whole Agreement - Modification Waiver

 Assignment

This Agreement shall bind both Party A and Party B and their respective heirs, legal representatives, successors, and assigns. Neither party may assign its rights under this Agreement without express written consent from the other party.

Whole Agreement

This Agreement constitutes the entire agreement between the parties. This Agreement supersedes and cancels all prior or contemporaneous discussions, writings, negotiations, and agreements.

Modification; Waiver

The terms of this Agreement cannot be modified, supplemented, or amended unless agreed to in writing by all parties. The waiver of a term in this Agreement shall not be considered a waiver of any other terms of this Agreement and shall not be considered a continuing waiver. In order to make the waiver binding, the party making the waiver must execute it in writing. The modification or waiver of one term of this Agreement does not affect any other term in the Agreement, regardless of its similarity.

Severability - Limited Liability

Severability

If any term in this Agreement is found to be void or voidable, the remaining terms of the Agreement are unaffected, and deemed to remain in full force and effect, including those terms that are similar.

Limited Liability

THE AMOUNT OF LIABILITY RECOVERABLE FOR ANY CAUSE OF ACTION THAT ARISES UNDER THIS AGREEMENT SHALL NOT EXCEED THE AMOUNT EARNED THROUGH THE WORK COVERED IN THIS AGREEMENT, REGARDLESS OF WHETHER THE CAUSE OF ACTION IS BASED IN TORT, CONTRACT OR ANY OTHER THEORY OF LIABILITY. UNDER NO CIRCUMSTANCES WILL EITHER PARTY BE LIABLE FOR SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR FOR ANY LOSS OF USE, BUSINESS INTERRUPTION, COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA, EVEN IF THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Notices - Dispute Resolution- Electronic Signatures

Notices

All notices and communications required or permitted under this Agreement shall be in writing and shall be deemed given when delivered by registered or certified mail, postage prepaid, addressed to the party’s primary business address.

15. Dispute Resolution

Party A and Party B both agree that in the event a dispute arises, they will both make a good faith effort to resolve as amicably as possible. If necessary, online mediation will be used for dispute resolution, with both parties making their best effort for resolution.

Parties agree that this Agreement shall be governed by and construed in accordance with the laws of the state of Illinois. Parties agree that the venue for any court proceedings arising out of this Agreement shall be in Joliet in the state of Illinois.

16. Electronic Signatures

Party A and Party B both agree that electronic signatures, including an agreement to the terms, is a binding and enforceable mode of agreement.

By clicking on the link below and applying to be an affiliate you agree to the terms above.