Affiliate Agreement

As a Buildapreneur Affiliate, you have the opportunity to earn money from (i) commissions for Buildapreneur courses that you sell to other users, and (ii) bonuses when the people you sell to sell to others. This Agreement sets forth your rights and obligations as a Buildapreneur Affiliate. By clicking “I Agree,” you indicate that you have read and understood this Agreement and you will be bound by its terms.

  1. PARTIES. All references to “Buildapreneur” herein mean and refer to Buildapreneur LLC, doing business as Buildapreneur, and Buildapreneur LLC’s owner(s), parent company(ies), affiliate entities, and employees, and assigns. All references to “you” and “your” mean and refer to that Buildapreneur Affiliate who has executed this Agreement by clicking “I Agree.” Buildapreneur and you are each referred to herein as a “Party,” and collectively as the “Parties.”

  2. INDEPENDENT CONTRACTOR. You are an independent contractor of Buildapreneur. It is the express understanding and intention of the Parties that no relationship of master and servant or principal and agent shall exist between Buildapreneur and you by virtue of this Affiliate Agreement.

  3. TERM AND TERMINATION. Your contract with Buildapreneur begins when you click “I Agree,” and will continue month-to-month until either:

    • A. Buildapreneur cancels your account due to your breach of any of the terms of this Agreement. In the event this Agreement is cancelled due to your breach, you forfeit all commissions and bonuses owed to you or that may in the future be owed to you.
    • B. Buildapreneur or its successors or assigns, in its sole and absolute discretion, cancels your Affiliate Agreement. In the event that Buildapreneur or its successors or assigns cancels your Affiliate Agreements, you will first receive thirty (30) days’ written notice, sent to the e-mail address you provided Buildapreneur and that is associated with your Affiliate profile.

  4. COMPENSATION.

    • A. COMMISSIONS. After you click “I Agree” to the terms of this Agreement, you will receive a unique Affiliate URL, which you will use to advertise Buildapreneur. When another person (a “Prospect”) clicks through that URL, a cookie (or similar tracking technology (hereinafter “Cookie”)) will be set in the Prospect’s browser. When the Prospect creates a Buildapreneur account by using your Affiliate Link, the Cookie on the Prospect’s browser, corresponding to your unique URL, registers a “Sale,” and each such account is a “Sold Account.” You will be paid a commission for each Sold Account that generates a minimum payment of $1.00 to Buildapreneur in a month. The commission amount is 50% of all fees received by Buildapreneur for a Sold Account. Commission payments will be made to you on or before forty-five (45) days following Buildapreneur’s receipt of payment for a Sold Account, subject to the other terms set forth herein.
    • C. TAXES. Before you can be paid any commission or bonuses, you must provide Buildapreneur a completed W-8 or W-9, as instructed by Buildapreneur. You are responsible for any and all tax liabilities, including without limitation income tax liabilities that arise from or in any way relate to any commissions or bonuses you receive from Buildapreneur. If you are not a resident of the United States, Buildapreneur may withhold tax (including without limitation VAT) where required to by applicable law.
    • D. MINIMUM COMMISSION AND BONUS PAYMENT. Your combined commission and bonus amount must equal or exceed Fifty and 00/100 Dollars ($50.00) before you receive a payment from Buildapreneur. If your combined commissions and bonuses for a given month are less than $50.00, your commissions and bonuses will be held until your combined commissions and bonuses equal or exceed $50.00.
    • E. COMMISSION AND BONUSES PAID FOLLOWING LEGITIMATE SALE. Commissions and bonuses are paid only for transactions that actually occur between Buildapreneur and a Sale or a Legacy Sale. If the transaction does not actually occur, or if payment from a Sale or Legacy Sale is not actually received by Buildapreneur, you will not be paid a commission or bonus on the transaction. If payment for a Sold Account or a Legacy Account later results in a refund or charge-back, the commission or bonus will be deducted from your future commissions.
    • F. U.S. DOLLARS. All commissions are paid in US Dollars via PayPal or check.

  5. MARKETING AND RECRUITING.

    • A. TRUTHFUL. Anything you communicate in marketing or advertising any Buildapreneur service or opportunity must be true and accurate. Claims that relate to any Buildapreneur service or opportunity that are untrue or fraudulent are strictly prohibited.
    • B. DISCLAIMER. On any website that you advertise any Buildapreneur service or opportunity, you must plainly display (i.e., not in a link or in small font) the following disclaimer language: Disclosure: I am an independent Buildapreneur Affiliate, not an employee. I receive referral payments from Buildapreneur. The opinions expressed here are my own and are not official statements of Buildapreneur or its parent company, Etison LLC.
    • C. NON-DISPARAGEMENT. You are not permitted to disparage the products of services of any other person or entity, including without limitation the products or services of a competitor of Buildapreneur.
    • D. INVENTORY LOADING/REBATES. You will not be paid any Commission or Bonus for payments made on your own User Account(s). You are not permitted to open a Buildapreneur account under the name of another person or entity, or under a fictitious name, or under any name merely for the purpose of obtaining Commissions, Bonuses, or other compensation.
    • E. INCOME CLAIMS. If your recruiting efforts include claims related to the potential income a Buildapreneur Affiliate can make, or if you make reference to income you have made, or if you make reference to any lifestyle opportunities you have because of Buildapreneur, the following guidelines must be adhered to:
      1. Your statements must be completely true and accurate and supported by evidence.
      2. If you use a hypothetical scenario, you must clearly label it as a hypothetical scenario.
      3. Your statements must be accompanied by the Buildapreneur income disclosure statement.

  6. BUILDAPRENEUR’S INTELLECTUAL PROPERTY. No Buildapreneur Intellectual Property owned by Buildapreneur may be used, copied, or reproduced by you except as set forth below. You may NOT use the Buildapreneur mark to advertise Buildapreneur. You must not use the “voice” of, or purport to speak on behalf of, Buildapreneur.

  7. PROHIBITED ACTIVITY. Buildapreneur has the right to terminate this Agreement at any time if you engage or have ever engaged in any of the following:

    • A. HARMFUL ACTS. Any dishonest or unethical business practice; any violation of the law; infliction of harm to Buildapreneur’s reputation.
    • B. “SPAMMING” AND UNSOLICITED COMMUNICATIONS. Any communications sent or authorized by you reasonably deemed “spamming,” or any other unsolicited solicitations will be deemed a material threat to Buildapreneur’s reputation.
    • C. OFFENSIVE COMMUNICATIONS. Any communication sent, posted, or authorized by you which are sexually explicit, obscene, or pornographic; offensive, profane, hateful, threatening, harmful, defamatory, libelous, harassing, or discriminatory.

  8. INDEMNITY. You agree to protect, defend, indemnify and hold harmless Buildapreneur, its officers, directors, employees, owner(s), and parent company(ies) and assigns from and against all claims, demands, and causes of action of every kind and character.

  9. NO WARRANTY; NO LEADS. Buildapreneur does not promise, guarantee or warrant your business success, income, or sales. You understand and acknowledge that Buildapreneur will not at any time provide sales leads or referrals to you.

  10. LIMITATION OF LIABILITY. You agree that in no event shall Buildapreneur’s liability to you for any claim of any kind or description exceed the amount of three (3) times the commissions and bonus payments paid to you for the month preceding the date in which the facts giving rise to a claim against Buildapreneur occurred.

  11. FORCE MAJEURE. BUILDAPRENEUR will not be responsible for any delay, damage, or failure caused by a Force Majeure Event. As used in this Agreement, “Force Majeure Event” shall mean any act of God, act of nature, terrorism, insurrection, labor strikes, acts of public enemies, federal or state laws, or any other causes beyond the control of Buildapreneur.

  12. ASSIGNMENT. Buildapreneur may assign its rights under this Agreement at any time, without notice to you. Your rights arising under this Agreement cannot be assigned without Buildapreneur’s express written consent.

  13. ARBITRATION, GOVERNING LAW, AND ATTORNEYS’ FEES.

  • A. ARBITRATION. Any claim or grievance of any kind shall be resolved exclusively in binding arbitration in Ada County, Idaho.
  • B. GOVERNING LAW. This Agreement shall be governed in accordance with the laws of the State of Idaho.
  • C. WAIVER OF CLASS ACTION CLAIMS. You understand and agree that you will not have the right to participate in a representative capacity or as a member of any class of claimants pertaining to any claims that may arise.
  • D. LIMITATIONS PERIOD. Any claim brought in arbitration must be brought within the time period set forth in any statute of limitations that would apply to the claims asserted.
  • E. INJUNCTIVE RELIEF. Nothing in this Agreement prevents Buildapreneur from applying to and obtaining from any court having jurisdiction a temporary injunction, preliminary injunction, or permanent injunction.
  • F. ATTORNEYS’ FEES. You agree that in the event of any arbitration or litigation, each Party will bear its own costs and attorneys’ fees, regardless of who is deemed the prevailing party.

  1. ENTIRE AGREEMENT. This Agreement, along with Buildapreneur’s standard Terms and Conditions represents the entire agreement between the Parties and supersedes any other written or oral agreement.

  2. MODIFICATION/AMENDMENTS. This Agreement and Buildapreneur’s standard Terms and Conditions may be modified by Buildapreneur at any time, with or without prior notice to you.

  3. NO WAIVER. No waiver by Buildapreneur of any right reserved or granted shall be effective unless the waiver is in writing and signed by an authorized representative of Buildapreneur.

  4. NOTICE. Any notice required to be given to Buildapreneur under this Agreement shall be in writing, addressed as follows:

  1. SEVERANCE. In the event any provision of this Agreement is inconsistent with any applicable law, rule, or regulation, the provision shall be deemed to be modified to the extent required to comply with the law.