Lifestyle For Her Membership & Affiliate Agreement
To participate in the Lifestyle For Her Ambassador Program, you must agree to the following:
This Affiliate Agreement (“Agreement”) contains the complete terms and conditions between us, Women About Biz, and you regarding your participation as an Lifestyle Ambassador (“Affiliate”) of the Lifestyle For Her Membership.
Lifestyle For Her is a division of Women About Biz, LLC. Women About Biz is a wholly-owned Limited Liability Corporation in the state of Georgia.
As a member of Lifestyle For Her, you are automatically invited to participate as an Affiliate. You are confirming that you have read this Agreement and agree to be bound by its terms and conditions.
- Participation as a Lifestyle Ambassador
As a Lifestyle Ambassador, you are an affiliate representative of the Lifestyle For Her Membership and that this is an independent contractor position and not that of an employee. You also understand that you will be given an IRS 1099 form for any monies paid to you over six-hundred dollars and no cents ($600).
- Promoting the Lifestyle For Her (LFH) Membership
You agree to only use, display and share the promotions, marketing materials and LFH information provided through your back office on the LFH website or through authorize third-party websites. You understand that no other literature, graphics or promotions without the express written consent of Women About Biz is permitted.
EXCEPT AS PERMITTED ABOVE OR IN SECTION 13 BELOW, YOU SHALL NOT AND ARE NOT AUTHORIZED TO (i) USE THE LIFESTYLE FOR HER TRADEMARK, NAME OR ANY OF OUR OTHER INTELLECTUAL PROPERTY (OR ANY VARIATIONS OR MISSPELLINGS THEREOF OR OTHER TERM OR TERMS CONFUSINGLY SIMILAR TO ANY OF THE FOREGOING) (ALL OF THE FOREGOING, INCLUDING WITHOUT LIMITATION, THE "LINKS" AND THE "LICENSED MATERIALS" (DEFINED BELOW), ARE REFERRED TO HEREIN AS "OUR IP"), WITHOUT OUR EXPRESS PRIOR WRITTEN PERMISSION; (ii) USE OUR IP IN A DOMAIN OR WEBSITE NAME, IN ANY BIDS FOR KEYWORDS OR GOOGLE ADWORDS (OR SIMILAR PROGRAMS AT OTHER SEARCH ENGINES), IN ANY SEARCH ENGINE ADVERTISING (PAID OR OTHERWISE), IN ANY METATAGS, GOOGLE ADWORDS (OR SIMILAR PROGRAMS AT OTHER SEARCH ENGINES), KEY WORDS, ADVERTISING, SEARCH TERMS, CODE, OR OTHERWISE; (iii) CAUSE OR CREATE OR ACT IN ANY WAY THAT CAUSES OR CREATES OR COULD CAUSE OR CREATE ANY "INITIAL INTEREST CONFUSION" OVER THE USE OF OUR IP ON THE INTERNET OR IN ANY SEARCH ENGINE ADVERTISING. YOUR USE OF OUR IP IN ANY MANNER, OTHER THAN AS EXPRESSLY PERMITTED HEREUNDER (IN ADDITION TO BEING A BREACH OF THIS AGREEMENT) SHALL CONSTITUTE UNLAWFUL INFRINGEMENT OF OUR TRADEMARKS, COPYRIGHTS OR OTHER INTELLECTUAL PROPERTY RIGHTS, AND MAY SUBJECT YOU TO CLAIMS FOR DAMAGES (INCLUDING WITHOUT LIMITATION, TREBLE DAMAGES FOR KNOWING OR WILFUL INFRINGEMENT), AND THE OBLIGATION TO PAY OUR LEGAL FEES AND COSTS IN CONNECTION WITH ANY ACTION OR PROCEEDING IN WHICH WE SEEK TO ENFORCE OUR RIGHTS UNDER THIS AGREEMENT OR WITH REGARD TO ANY OF OUR INTELLECTUAL PROPERTY RIGHTS.
- Referring the Lifestyle For Her (LFH) Membership
You understand that in order to be properly credited for all referrals that you must share your assigned referral link (located in your back office) with each prospective member. Once your link is clicked on it will take your invited prospect to a join page to complete the membership application and make payment.
An official referral is considered as anyone that clicks on your personal referral link to join the LFH membership. If a Lifestyle Ambassador calls and states that another Ambassador signed up someone they were prospecting the initial sign-up will not be changed. The prospect has final decision on who’s referral link they want to click.
- Membership Processing
We will process orders placed by a Referred Member who follows the Link from your email, website or domain to LifestyleForHer.net. Upon completion of their membership application, her credit card will be billed the amount of $27 and then recurrently on a monthly basis, unless canceled.
We reserve the right, in our sole discretion, to reject members that do not comply with certain requirements that we may establish from time to time. All aspects of order processing and fulfillment, including cancellation, processing, refunds and payment processing will be our responsibility. We will track the Qualified Memberships generated by referral link and will make this information available to you through our website. To permit accurate tracking, reporting, and Commission accrual, you must ensure that at all times you are using your assigned referral link.
As a Lifestyle Ambassador, you will be paid commission for each person you directly refer and commission for each person that your direct referrals and their direct referrals refer and the referrals of their direct referrals through 5 commission levels according to the commission chart below. There are no limits as to how many direct referrals Lifestyle Ambassadors are allowed to make.
||Recurring Membership Fee
Referrals from Level 1
Referrals from Level 2
Referrals from Level 3
Referrals from Level 4
Upon verification of your referral’s payment for the LFH membership you will receive a commission notification via email. You may also login to LFH and select “My Back Office” and then your referrals tab to see a total of your current commissions due to you.
Commissions will be paid on the 15th of each month by check or via Paypal (You must have a current Paypal account to receive funds). A $3.50 service fee will be charged if you select to be paid by check and $1.50 if you select to be paid by Paypal.
LFH reserves the right to withhold initial Commissions Fees for Affiliates who are new to the Affiliate program, or who have commissions that are potentially fraudulent as determined by FatCow in its sole discretion, to determine the legitimacy and cancellation rates of Referred Customers.
LFH reserves the right to suspend payment of Commission Fees at any time and indefinitely, if it suspects fraud or other improper activity or a potential breach of any of the terms in this Agreement by the Affiliate or a Referred Customer(s).
LFH reserves the right to deduct from Affiliate's current and future Commission Fees any and all Commission Fees corresponding to any fraudulent, questionable, and cancelled FatCow purchases. Where no subsequent Commission Fee is due and owing, FatCow will send Affiliate a bill for the balance of such refunded purchase upon termination of the program or termination of the Referred Customer.
LFH, in its sole discretion, reserves the right to withhold indefinitely any Commission Fee, and/or to reverse, deny or reject any Commission Fee, for:
- Any account/sale which has not been in an approved status in good standing as an account of FatCow for a period of at least thirty (30) days.
- All commissions generated for accounts that may be fraudulent, including but not limited to the use of software that generates real and fictitious information.
- If we deem orders to be fraudulent or see a pattern of potentially fraudulent activity, including, without limitation, where there are multiple accounts from the same customer, or referral of accounts which do not comply with this Agreement. We review account information (including site content) to assess referrals.
- Altering Our Links in any way.
- Affiliates whom we believe may be artificially submitting Referred Customers and paying for memberships using false names and/or purchased debit cards or secured credit cards or engaging in the use of marketing practices that we deem to be unethical or likely to attract fraudulent signups and/or signups with a very low likelihood of renewal.
LFH reserves the right to immediately cancel or withhold for later review any Commission Fee based on the foregoing or that otherwise fails to meet the Criteria. It is the responsibility of the Affiliate to monitor the payment, denial and withholding of Commission Fees; LFH will notify Affiliates of the status of Commission Fees that are being held back. If an Affiliate has a question about a Commission Fee that has been cancelled or withheld, that Affiliate has 30 days from the day the payment was due to contact LFH via email to discuss. Any changes to decisions about cancelled or withheld Commission Fees are strictly at the discretion of LFH and its parent company, Women About Biz.
- 90-Day Quick Start Commission System
While Lifestyle Ambassadors get to set their own commission goals, LFH provides a 90-Day Quick Start Commission System that allows a Lifestyle Ambassador to earn an aggressive income within a 90-day period provided the requirements of the system are met. LFH and it’s parent company, Women About Biz guarantees all commission payouts of this system provided requirements are met by the Lifestyle Ambassador as shown in the 90-Day Quick Start Commission Chart Below:
- Performance Based Commission
LFH and our parent company, Women About Biz make no guarantee or claims that you will earn a certain commission. Commissions generated by each Lifestyle Ambassador (Affiliate) is solely based on the performance of each Lifestyle Ambassador.
LFH and our parent company, Women About Biz agrees to pay full commission to each Lifestyle Ambassador that abides by the rules of this Agreement according to the commission chart in section 5 of this Agreement.
- Income Taxes
Each Lifestyle Ambassador is required to submit a W8/W9 tax form. You are responsible for the payment of all taxes related to the commissions you receive under this Agreement. In compliance with U.S.. tax laws, LFH and it’s parent company, Women About Biz will issue a Form 1099 to Affiliates whose earnings meet or exceed six-hundred dollars and no cents ($600).
- Licenses and Use of the Lifestyle For Her Logos and Trademarks
Subject to the limitations set forth in Section 2 above and otherwise in this Agreement, we grant you a non-exclusive, non-transferable, revocable license to (i) access our site through the links solely in accordance with the terms of this agreement and (ii) solely in connection with such links, to use the lifestyleforher.com trademark and logo and similar identifying material relating to us (but only in the form(s) that they are provided by us) (collectively, the "Licensed Materials"), for the sole purpose of selling the LFH Membership and Services and as approved in advance by us. You may not alter, modify, or change the Licensed Materials in any way. You are only entitled to use the Licensed Materials to the extent that You are a member in good standing of the Lifestyle Ambassador Program.
You shall not make any specific use of any Licensed Materials for purposes other than selling LFH Membership and Services, without first submitting a sample to Us and obtaining the express prior written consent from LFH and our parent company, Women About Biz. You agree not to use the Licensed Materials in any manner that is disparaging or that otherwise portrays LFH, any hosted member of LFH or any LFH employee or representative in a negative light. We reserve all of Our rights in the Licensed Materials and of Our other proprietary rights. We may revoke Your license at any time, by giving You written notice. If not revoked, this license shall terminate upon expiration or termination of this Agreement.
You grant to Us a non-exclusive license to utilize Your names, photos, titles, and testimonial to advertise, market, promote, and publicize LFH Membership. This license shall terminate upon the expiration or termination of this Agreeme
We may modify any of the terms and conditions contained in this Agreement at any time in Our sole discretion. Such modifications shall take effect when posted in Your back office on our lifestyleforher.net site. At our discretion, LFH reserves the right to notify You by e-mail and further reserves the right to withhold notification of any changes made to this Agreement.
Modifications may include, but are not limited to, changes in the scope of available Commissions, Commission amounts/percentages, payment procedures, Commission Fee payment schedules, and Lifestyle Ambassador (Affiliate) Program rules. If any modification is unacceptable to You, Your only recourse is to terminate this agreement. Your continued participation in the Affiliate Program following Our posting of a change notice or new agreement on Our site will constitute binding acceptance of the change.
LFH and our parent company, Women About Biz, make no express or implied automatic guarantees or representations with respect to the commissions that a Lifestyle Ambassador will earn. Each Lifestyle Ambassador must set their own goals in sharing the LFH membership and their referral link for proper commission credit and all monies earned will be based solely on the efforts of each Lifestyle Ambassador.
12. Relationship of Parties
You and LFH are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, or employment relationship between the parties. You will have no authority to make or accept any offers or representations on Our behalf. You will not make any statement, whether via email, social posting, in person or on Your site or otherwise, that reasonably would contradict anything in this Section.
You hereby agree to indemnify and hold harmless Us and Our 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, its development, operation, maintenance and content therein not attributable to Us.
14. Governing Law
The laws of the United States and the State of Georgia will govern this Agreement, without reference to rules governing choice of laws. Any action relating to this Agreement must be brought in the federal or state courts located in Dekalb County, Georgia and You irrevocably consent to the jurisdiction of such courts. You may not assign this Agreement, by operation of law or otherwise, without Our prior written consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and be enforceable against the parties and their respective successors and assigns. Our failure to enforce Your strict performance of any provision of this Agreement will not constitute a waiver of Our right to subsequently enforce such a provision or any other provision of this Agreement.
I INDICATE MY APPROVAL OF THIS AGREEMENT AND DESIRE TO BECOME A LIFESTYLE MEMBER AND AMBASSADOR (AFFILIATE) UNDER THESE TERMS BY BECOMING A LIFESTYLE AMBASSADOR (AFFILIATE), BY SUBMITTING PROPOSED REFERRED MEMBERS UNDER OUR PROGRAM AND BY COLLECTING COMMISSION FEES FROM US.
Last modified April 30, 2018