TOS Referral Program

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Last updated: April 22th, 2020

By submitting your application to this referral program you acknowledge that you have read, that you understand and that you agree to the following terms and conditions.

Overview

This agreement describes the terms and conditions for your participation in our referral program. The terms “referrer”, “you” , “your” and “yours” are referring to you, the applicant to this referral program. “We”, “us”, “our” and “ours” refer to Dominique Andersen, the service provider who organizes this referral program.

The purpose of this referral program is to provide you with the opportunity to earn a referral commission for introducing new coaching clients to our services.

We are independent contractors and this agreement does not form a partnership, a joint-venture or constitute any form of employment.

1. Eligibility

You must be at least 18 years old, in full personal and legal capacity of entering this program. You may not apply if you are a competitor, an employee or a contractor of a competitor, or if you are a citizen or a resident of a country that prohibits participation in these type of programs.

If you were to become ineligible to participate in this program, you agree to cancel your participation in this program within 7 days.

2. Obligations

We have the obligation to provide you with the tools, and the necessary information to allow you to participate in this referral program. We also have the obligation to pay you according to the terms defined in this contract.

You have the obligation to submit up-to-date, accurate and correct information at the time of your application. You agree to participate in this referral program in an ethical and respectful manner, and to abide by the terms of this agreement. You have the obligation to refrain from any illegal or unauthorized activities. You must not associate our services and our brands to pornography, violence, discrimination, unlawful, fraudulent, defamatory, obscene or otherwise questionable material. You must not you link or display our content on sites which contain such material.

3. Right to monitor compliance

We reserve the right to monitor your compliance to the terms of this program by all means necessary within the framework of the law.

4. Agreement duration & termination

While this agreement becomes enforceable upon reception of your application, your participation in this referral program will be confirmed and notified to you in writing if your application is accepted. We reserve the right to refuse access to this referral program at our sole and exclusive discretion and without any justification. If your application were to be denied you may reapply at a later point in time.

This agreement will end when terminated by either party. Termination may happen at any time, with or without cause, by giving the other party written notice of termination via email.

Upon termination of the agreement and if applicable, the outstanding balance will be paid out according to the normal paying schedule. In the case of termination for violation of the terms of this agreement or for fraud, there will be no payment of the outstanding referral fees.

Referrals received after termination of the agreement will not give rise to referral fees.

5. Proof of referral & clients bonuses

This referral program is based on high-touch, personal connections. We ask that you personally introduce to us each referred client at their request via email.

Potential clients are then invited to a complimentary consultation to evaluate whether our offers and services are a match for their needs or not.

The new client will notify you of their enrollment via email (including us as recipient) once an agreement is successfully reached. This will act as proof of referral and will trigger the release of: a) the payment of your referral commission, and of b) their referred client welcome bonus.

Every new client referred through this referral program will receive a discretionary bonus proportional to the value of the coaching package purchased. The bonus may be material or may take the form of additional service.

The bonuses offered are subject to change without notice and cannot give right to any claim.

6. Commissions

You are paid a one-time referral fee for successfully referring new coaching clients to Dominique Andersen. The current rates of the referral commissions paid are as follows:

  • 10 % of the purchase price (before taxes) for each new client successfully signed to any private coaching offer available at soulfulsuccess.be.
  • 25 % of the purchase price (before taxes) for each new client successfully signed to a workshop available on stretchandbloom.com.

Since no tracking technology is used in this referral program, only personal referrals generate commissions.

Referral commissions do not apply to other products such as digital downloads, physical products, etc. They are also not applicable to special offers and promotions, unless specifically indicated.

You may not act as an intermediary or accept funds on our behalf.

7. Compensation

Referral commission are paid out on a monthly-basis on any referred client’s payment received before the 15th of the month.

Commissions are paid out for successful new client referrals received while this agreement is in effect. Commissions payments are adjusted for cancelled orders, refunds and for programs paid in installments.

Alternatively, you may elect to receive your commission fees as credit to be used towards coaching within the next 12 calendar months.

The applicable currency for all transactions is the Euro. We will provide a quarterly statement of all referrals commissions earned.

8. Payment

The payment of referral commissions is processed via Paypal. You must have a valid Paypal account and provide us with up-to-date payment details. Claims arising from incorrect payment info will not be processed. You are responsible for complying with Paypal Terms and conditions of service and for making sure you are able to accept Paypal payments from Germany-based businesses.

Should you elect to receive your commission as credit towards coaching and other offers, your balance will be available to use for the next 12 calendar months.

Upon termination of the agreement the outstanding balance will be paid out according to the normal paying schedule if applicable.

9. Exclusivity & Confidentiality

This referral agreement is non-exclusive, you may participate in other referral programs with the exception of direct competitor’s programs. Participation in a direct competitor’s program is a violation of this agreement and ground for immediate termination of this agreement without payment of any outstanding balance.

Given the nature of this program, we establish relationships with several referrers. However, we will strive to limit the number of referrers in a given geographic area and in a similar field.

Our contractual relationship may be disclosed. For more transparency, we require that you share the nature of our contractual relationship to the clients you refer. In some countries this may even be required by law. Please note that some jurisdictions may regard the participation in this type of referral program as illegal. You understand that it is your duty to inform yourself and comply with all the applicable rules and regulations of the jurisdiction you are under and you agree that we cannot be held liable for your failure to do so.

In any case, while the nature of this agreement may be disclosed, the specific terms of this agreement and all the material and trade information you may have access to during your participation in this program are confidential and may not be disclosed except in extreme circumstances when required by law. This provision shall survive this agreement and apply to all information and material you would have been given access under this agreement.

10. Modification

We may modify any of the terms and conditions within this agreement at any time and at our sole discretion. These modifications may include, but may not be limited to changes in the scope of the referral fees, the fee schedules, the payment procedures and the program rules.

We will use reasonable efforts to provide you with a 30-day advance notice of changes that significantly impact your use of this referral program. The current version of this referral program’s terms and conditions is visible on our website. Make sure to review this page regularly for the latest version of this document.

By continuing to use the referral program beyond the date on which these new terms and conditions come into effect, you are deemed to have accepted all changes. If you do not agree to any such changes, your sole and exclusive remedy is to terminate the agreement before the date of application of the new terms and conditions.

11. Promotion & SPAM – Unsolicited Commercial E-mail

We offer high-end offers and services where a high-touch, privileged relationship with our clients is favored. This philosophy extends to this referral program. You may only refer potential clients with whom you have a personal relationship.

We do not participate in SPAM-based promotional strategies such mass unsolicited e-mailing. You must not engage in unsolicited tracking or retargeting. You are expected to adhere to this policy as well and only engage in a clean, ethical, respectful promotion of our services. You must be transparent with the potential clients you refer about your identity, the nature of our relationship and present yourself as independent from Dominique Andersen. You must also abstain from making any claims on our behalf.

You may only contact people who you have the legal ground to contact and who have expressed their unambiguous consent to receive communications about such promotion from you and who have been properly informed of all their rights under the GDPR.

You must only introduce people who have expressly asked to be introduced

Violation of this promotion & SPAM policy will result in the termination of this agreement and immediate dismissal from this referral program, without payment of any outstanding referral fees balance.

12. Copyrights

You may gain access to certain promotional material to introduce our offers to potential clients during the course of your participation in this referral program. You may only use material that has expressly been assigned to you for this purpose and you may only use this material for this specific purpose. All material is copyrighted and property of Dominique Andersen.

You are granted a non-exclusive, non-transferable, revocable license to use this material as long as you are enrolled in this referral program and for the sole purpose of informing potential clients about our offers. Your use of this material must cease upon termination of this agreement.

You may not upload any of our content or any confidential information we may share with you on third-party platforms, particularly Facebook, Instagram and any Google tool/ platform (Google Docs, Google Drive, Google Photos, etc), as well as any platform which requires you to grant them a perpetual, irrevocable, and/ or transferable license for the content you upload.

You are prohibited from modifying, copying, altering, making derivative works, amending, reproducing, selling any of this material.

You may not use our brands, logos, pictures, visuals, brochures, or any of our material to portray us in a negative light and/ or link to us in disparaging, misleading, offensive, obscene, negative way.

13. Emailing & privacy

You agree to receive all email communication necessary for the purpose of the management of this referral program such as referral fee statements, confirmations of payments, new products eligible for referral commissions, modification of the terms and conditions, etc.

Additionally, you may also choose to receive email communication to support your use this program.

We take your privacy seriously, by entering this agreement you are afforded all the rights described in our privacy policy. It is our policy to minimize the data we collect about you. Where possible, we anonymize or pseudonymize your information. You may at all times request access and correction of your data. Please visit our privacy policy to learn about all your rights and all the measures we take to protect your privacy.

Please note that we operate a Germany-based business. As a result, by entering this referral program you agree to your information being stored and processed in the EEA in accordance with the GDPR and Germany’s privacy laws. Within this framework, some of your information may be transferred and processed outside of the EEA. The legal grounds and the procedures related to this transfer are detailed in our privacy policy.

14. Force majeure

In this agreement, force majeure events are defined as any unpredictable events outside of our reasonable control including but not limited to wars, strikes, riots, civil unrest, pandemics, suspensions of the rule of law, blackouts, acts of terrorism, utility service failures, internet failures, natural catastrophes such as floods, earthquakes, hurricanes, blizzards, volcanic irruptions, cosmic events, fires and any other unpredictable occurrence such as illness, serious medical emergencies, default of suppliers or of subcontractors, of disruptive impact on the fulfillment of the terms of this agreement.

Are excluded from this definition any circumstance resulting from negligence, predictable or avoidable circumstances.

We will not be liable for any loss resulting from events outside of our control, or for delays or failures in the performance of our obligations as a result of force majeure events.

15. Warranties and liabilities

You guarantee that you fulfill all eligibility requirements to participate in this referral program.

You guarantee that you have full power, rights and capacity to enter this agreement and to be bound by these terms and conditions without any third party’s approval.

You guarantee that you will only promote Dominique Andersen’s offers and services in a sound and professional manner, in accordance with those terms and conditions, and that you will not engage in any illegal or unethical activities within the frame of this promotion.

You understand that your results under this referral agreement cannot be guaranteed. Although due diligence is used to provide you with accurate and up-to-date information and content, this referral program is provided ‘as is’ and we make no representation or warranty whatsoever a) with respect to your results, b) with respect to this referral program, c) that our websites, services and products will be available, accessible, reliable, without interruption or error-free. You participate in this referral program at your own risk.

You take full responsibility for your results, and you free Dominique Andersen from any liability for any loss, claim or damage arising from the decisions you make in connection with the execution of this agreement.

In any case, Dominique Andersen’s liability will never exceed the fees paid to you under this agreement within the previous 12 calendar months.

16. Indemnification

You agree to indemnify and hold harmless Dominique Andersen against all claim, liability, loss, damage, cost and expense of any kind (including legal fees) related to, or arising out any or all of the following: a) breach of this agreement, b) illegal behavior and activity, c) misconduct, d) intellectual property violation, e) misrepresentation, misuse, default or other failure to perform your obligations.

17. Severability

Should any of the provisions of this agreement be or become invalid, this shall not affect the validity of the rest of the agreement.

18. Governing law

Any dispute arising between the parties in connection with the execution of this contract shall be brought before the Berlin courts (Germany).

 

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