General terms and conditions for the affiliate program of the Franklin Method

Thank you for your interest in becoming an Affiliate. Please read these Affiliate Terms & Conditions carefully.  We appreciate our Affiliates, and we want you to succeed in your promotions.  We also want to serve you and our clients with 100% integrity and compliance with the law. As an Affiliate, we expect you to conduct yourself with professionalism and care so follow these Affiliate Terms & Conditions and you should be good to go!

Naturally, the purpose of these Affiliate Terms & Conditions is to set forth the details about how our Affiliate relationship works so that you can be clear at the outset as to how our communication and relationship works.

By becoming an Affiliate of Institut für Franklin-Methode GmbH. you agree to abide by these Affiliate Terms & Conditions, as well as the general Terms & Conditions that appear on franklinmethod.com.

Here are a few definitions to help you understand these Affiliate Terms & Conditions:

• “Referral” means any person who signs up for a Franklin Method online course or membership program using your Affiliate Link.
• “Affiliate Link” means a unique URL designated by us for you which allows us to identify Enrollees to the Program as originating from you.
• “Commission” is the amount of money that will be paid by us to you based on a percentage of the total amount of the sales that originate through your unique Affiliate Link, based on the information below.
• “Confidential Information” shall include any information, whether oral, written or observed, regarding the terms of this Agreement or content of the Program.

1. Preamble
The following agreement provides the conditions for participation in the affiliate program with the Institut für Franklin-Methode GmbH. Deviating business conditions of the participants, unless they have been expressly accepted in writing by the Institut für Franklin-Methode GmbH, are non-binding.

2. Conclusion of contract
Participation in the partner program is free of charge for the partners. All web site operators, except websites with illegal, pronounced, illegal or otherwise illegal content, may not participate. Participation is also possible without some website. The advertising measures are possible in this case by mailing (partnerlinks in emails). A contract is concluded after the participant has registered by accepting the Institut für Franklin-Methode GmbH without ancillary agreements.

The partnership begins as soon as your homepage / application has been examined and approved by Institut für Franklin-Methode GmbH. As a partner you advertise on your website for the offer of the Institut für Franklin-Methode GmbH and receive a mediation commission for mediated purchase agreements. In the case of a rejection or return of the order (right of revocation), you have no claims against the Institut für Franklin-Methode GmbH.

3. Advertising costs
With each visitor / buyer generated via the link you will be credited with a commission:

For our Franklin Method Friends it is a commission of 10% of the net amount for a positive sales contract (settlement time 30-90 days).

For our Franklin Method Educators it is a commission of 50% of the net amount for a positive sales contract (settlement time 30-90 days).

The payment is made by paying to your Paypal account. You can always view your current payouts available in our partner area.

Except for the provisioning are orders from movement pedagogues of the Franklin Method, whose orders are already discounted by Institut für Franklin-Methode GmbH.

Exceptions are also any offers, which are not online courses. Trainings, workshops and further education as well as any material are excluded from the commission.

4. Logging
Institut für Franklin-Methode GmbH records all clicks and records them statistically. The logs are available in the protected partner area.
The partners are obligated to integrate the HTML code provided by Institut für Franklin-Methode GmbH on your website, which is necessary for the registration and logging of the users coming from the websites of the partners (code obligation). The partners are obligated to implement any changes without delay. The non-installation, removal or manipulation of the acquisition codes entitles Institut für Franklin-Methode GmbH to terminate without notice.
The partner is solely responsible for the correct transmission of the referral.

5. Availability / Disclaimer
Institut für Franklin-Methode GmbH is not liable for the constant availability. In exceptional cases (<3%), a small number of transactions can not be recorded.

6. Term of the contract
A contract will only be issued if Institut für Franklin-Methode GmbH approves your participation as a partner. The contract may be terminated by either party at any time.

7. General limitation of liability
Compensation claims against the Institut für Franklin-Methode GmbH are excluded, unless intentional or grossly negligent behavior or the violation of a contractual duty is present. The same shall apply, insofar as compensation for indirect or consequential damages is required. Any liability is limited to the foreseeable damage that is foreseeable at the time the contract is concluded.
Institut für Franklin-Methode GmbH does not check the contents of the partner pages and is not responsible for them. The participant has to keep the Institut für Franklin-Methode GmbH free of all damages, the Institut für Franklin-Methode GmbH by a breach of this duty arise.

8. Changes to the Terms of Participation
In case of a change of the conditions of participation you will be informed by e-mail. Each partner, insofar as he does not agree with the change of the conditions of participation, can terminate the contract with immediate effect.

9. Privacy
The data of the participants are stored by Institut für Franklin-Methode GmbH for the processing of contracts and for communication within the partner program. They are only used within the framework of the contract fulfillment and are neither passed on to third parties nor used for advertising purposes.

10. Severability clause
Should a clause of these terms be invalid, the validity of the remaining conditions shall remain unaffected.

11. Affiliate Link

You are participating as an Affiliate through our invitation or by request. All Affiliates are subject to approval by us in our sole discretion.

Here’s how it works: Once you have been selected to be an Affiliate, you will be issued a unique “Affiliate Reference”, which can be included in URLs to FranklinMethod.com in ways instructed by us, which will allow us to identify Enrollees to Franklin Method as originating from you. Such links are called “Affiliate Links”. These Enrollees are tracked with this unique reference and sales are recorded accordingly.

To receive Commissions, you must use the provided unique Affiliate Reference in your links in the specified way.  You are solely responsible for insuring that the Affiliate Link is set up properly to qualify for Commissions. So please make sure it is set up right from the start so you can get paid.

12. Affiliate Commissions and Payment

Affiliate Commission Amount. We will pay you a Commission of 10% of the total amount actually collected by us for each enrollment in the Franklin Method Online Course system or Membership Program (excluding tax and refunds) for each Enrollee who signs up for Franklin Method using your unique Affiliate Link.  All payments will be made in U.S. dollars.

Enrollees to Whom Commission Applies. A Commission applies to any Referral in Franklin Method (other than you) who signs up using your unique Affiliate Link as a result of your own e-mail and/or social media marketing promotions, or through other means of communication by you, provided that theReferral signs up for Franklin Method through your unique Affiliate Link. You may not earn a Commission on your own enrollment inFranklin Method , nor that of your family members, or businesses you own, in whole or part. We generally do not change which Affiliate is credited for which Enrollee, and by agreeing to these terms you also agree not to ask us to do so. The tracking is completely automated.

45-Day Buffer. For a sale to generate a Commission to you, the Referral must remit payment, either in full or installment, have their enrollment in Franklin Method be fully completed, and allow a 45-day period after enrollment to lapse to allow for an occasional case-by-case refund to the Enrollee. We don’t typically allow refunds, but in the rare case that we do, this just gives us the time we need in case it happens.

Payment of Commission. All Commissions earned will be paid as follows:  You will receive your Commission on a monthly basis, with each payout covering the amount owed that has been paid to us at least 30 days in advance.  The Commission shall be paid by us to you via PayPal, but we may change our payment mechanism at any point. You are authorizing us to make such payments via any standard payment format of our choosing.  You must have earned at least $20.00 in Commissions before any Commission payment will be made to you.

Refunds. We have a no-refund policy, but occasionally refunds do happen. Your commission will be deducted correspondingly. Refunds are not subject to the 45-day lapse, which means the refunded commission will be deducted from your balance immediately while the commission on the original payment will still be subject to the 45-day lapse. This means that a refund that happens within the first 45 days will temporarily affect your balance negatively. This is an unintended side-effect of the underlying implementation. We might change this in the future.

Assignment of Affiliate Credit: Generally, with monthly memberships, an affiliate credit is assigned at the time a trial account is opened. However, in some cases, we may reserve the right to reassign affiliate credit to another affiliate if a special effort by a second affiliate caused the Refferal to become a paying customer. This will be at our sole discretion. We’re here to reward our affiliates in the fairest way we know how to. Under no circumstance will we split affiliate credit between more than one affiliate, however.

13. Intellectual Property  Rights

We reserve all rights in and to our “Franklin Method®” name and all related trademarks such as “Dynamic Neuro-Cognative Imagery (DNI)™”, trade names, logos, taglines, slogans, images and similar identifying marks related to the Franklin Method and Institut für Franklin-Methode GmbH. (collectively, the “Trademarks”).

We do, however, grant you a non-exclusive right to display the Trademarks on your website, e-mail and social media communications in connection with the unique Affiliate Link and promotion of Franklin Method. In fact, we want you to use them in promoting Franklin Method®.

You understand that you may not change the proportion, color or font of the Trademarks, or otherwise alter the Trademarks. You may not display the Trademarks in any manner that implies sponsorship or endorsement by us, except of your involvement as an Affiliate as described in these Affiliate Terms & Conditions.

The Trademarks may not be used to register Internet domain names for any purpose. You may not use the Trademarks to disparage us, our products or services, or in a manner which, in our reasonable judgment, may diminish or otherwise damage our goodwill in the Trademarks.

You acknowledge that all goodwill generated through your use of the Trademarks will inure to our benefit and you hereby assign to us any and all goodwill generated through your use of the Trademarks, without any payment or other consideration of any kind to you.  This means that if people like us more because of your marketing efforts of Simplero as an Affiliate, we are the ones who benefit from that.

Whenever you stop being an Affiliate, you must cease to use the Trademarks unless you are a Franklin Method Educator. The Educator rules and terms will then apply.

You agree not to frame or design your website to make it look like our website or to utilize our branding or Trademarks in any way that would confuse customers or the general public as to who is hosting or promoting Franklin Method.

You agree to not purchase or register any keywords, search terms or other identifiers related to our Trademarks or the trade or service marks or names of our primary competitors, including misspellings or variations thereof for use in any search engine, portal, sponsored advertising service or other search or referral service, online or offline.  You are on our team. We want to keep it that way.

You agree to not purchase or register any domains or other identifiers that include variations on our Trademarks or names intended to approximate misspellings or typographical mistakes of same or which otherwise would constitute typo or domain squatting, including variations thereof for use in any search engine, portal, sponsored advertising service or other search or referral service, online or offline, unless otherwise agreed to by us.

14. Anti-SPAM (UCE)

You agree to not send unsolicited mail or SPAM mail to promote Franklin Method or any of our products or services. This action WILL RESULT in immediate termination of your account with a cancellation of any pending Commissions. You will also be in violation of these Affiliate Terms & Conditions and may be subject to legal action. You are however able to and encouraged to promote the Franklin Method and courses using your own mailing address.

15. Website and Other Restrictions

You explicitly state and agree that your website, e-mail and/or social media content does not promote, endorse or display: (a) sexually explicit material or violence; (b) illegal activities, or (c) discrimination based on race, sex, sexual orientation, religion, national origin, or physical disability.

Additionally, you agree not to: (a) read, intercept, record, or redirect any electronic form or other materials submitted to us by any person or entity; (b) take any action that could reasonably cause any customer confusion as to your relationship with us or as to the website on which any functions or transactions (e.g., search, order, browse, and so on) are occurring; or (c) spam automated or anonymous links to social media pages or search engines.

We reserve the right to cancel your participation, withhold or cancel your Affiliate Commissions, or take any other action at our sole discretion should you conduct any of the behavior above or fail to operate with integrity or within the guidelines of the FTC.

Other Important Terms:

• We do not change the affiliate credit for any particular customer for any reason. Asking us to do so, or having the account owner ask us to do so on your behalf, is grounds for immediate dismissal, and all future earnings will be forfeited.
• If the customer in question already has an account, or they have had one in the past 12 months, whether they activated or not, you won’t earn a commission for that customer. The partner program is for new customers that you bring us only.
• An account will be associated with you as an affiliate when it is first created.
• You cannot get affiliate comission for businesses you own in whole or part, nor for family members.
• You are not allowed to run any advertising, online or offline, without our written consent. That includes Google adwords, Facebook ads, Twitter ads, and any other possible form of advertising. This is to avoid confusion with our own marketing.
• You’re responsible for any taxes owed on your part, and are subject to any rules in your own country or between your country and the United States of America.