Please read this agreement in its entirety.
1. Functional Medicine Coaching Academy, Inc. Brand Ambassador Agreement
This agreement describes the terms and conditions for participation in the Functional Medicine Coaching Academy, Inc. (FMCA) affiliate program. In this agreement, the term “Brand Ambassador” refers to you (the applicant). In this agreement, FMCA refers to the product owner, Functional Medicine Coaching Academy, Inc.
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 not limited to changes in the scope of available referral fees, fee schedules, payment procedures and Affiliate Program rules. If any of the modifications are UNACCEPTABLE TO YOU, your only recourse is to terminate this Agreement. If you CONTINUE PARTICIPATION IN THE PROGRAM, it will be considered as your acceptance of the change.
To enroll in the Brand Ambassador program, you must have received a written invitation from FMCA and be approved.
4. Brand Ambassador URL
You will be issued a special URL once you become an approved member of the FMCA Brand Ambassador Program which will be unique to you and you only, and will allow you to be paid for affiliate referrals.
Brand Ambassadors will receive $800 per person as a commission from student enrollments placed through properly coded Brand Ambassador links. Functional Medicine South Africa Brand Ambassadors will receive a $150 per person as a commission from student enrollments. Veterans Brand Ambassadors will receive $350 per person as a commission from student enrollments. Commissions may change at the discretion of FMCA.
For a tuition payment to generate a commission to a Brand Ambassador, the student applicant must complete the application form and remit full payment for tuition through the secure order system. Word of mouth referrals will not result in a Brand Ambassador commission being generated. Commissions will only be paid on sales that are made when the student applicant clicks through qualified, correctly structured Brand Ambassador links. Properly coded links are the sole responsibility of the Brand Ambassador.
If a student withdraws from the program within the first month of the course, Brand Ambassador commission for that individual will not be issued.
Please note our refund policy and guidelines: Refunds are offered up to 14 days after the class start date. Students are eligible for a refund of tuition paid minus a $500 processing fee. There will be no refunds after 14 days from the start of class.
FMCA pays affiliates via a PayPal account, provided to us when a member joins. If the PayPal email changes, it is the responsibility of the Brand Ambassador to notify the FMCA Affiliate Manager, firstname.lastname@example.org, to ensure proper commission payments.
Participating Brand Ambassadors agree to complete and return a signed W9 upon request. Affiliates will be paid out following the completion of the first month of the course, for those students who paid their tuition in full. Those students who have made a payment through one of our payment plans will receive their commission upon completion of the last payment. Students have a choice of payment plans which end either 6, 9, or 12 months after the start of the class.
FMCA will be solely responsible for processing every tuition payment received from prospective students via Brand Ambassador links. Brand Ambassadors are not authorized to collect payments or sell any FMCA products from other websites as a “reseller” and no “resale” rights are granted in ANY way. Brand Ambassadors are not authorized to waive tuition, reduce tuition rates, offer payment plans, guarantee admission, or grant admission to FMCA. FMCA will also be solely responsible for all student inquiries.
Applicants who enroll in FMCA through the FMCA Brand Ambassador Program will be deemed to be students of FMCA. Accordingly, all rules, policies, and operating procedures concerning procedures and criteria for acceptance will apply to those prospective students. We may change our policies and operating procedures at any time. Tuition rate, eligibility criteria, the application process, course offerings, and special programs are subject to change. FMCA policies will always determine the tuition paid by students.
8. Qualifying Sites
FMCA reserves the right to refuse any site entry into the FMCA Brand Ambassador Program based on site content. Sites that do not qualify for the Brand Ambassador Program include sites which:
- Promote sexually explicit materials
- Promote violence
- Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age
- Promote illegal activities
- List coupon codes or discounts that were NOT officially provided to them by FMCA. Doing so can result in the termination of your affiliate account and withholding of affiliate payments for violating our affiliate agreement.
- Infringe or otherwise violate any copyright, trademark, or other intellectual property rights of FMCA or any other site.
9. Permitted Usage
The following are permitted uses of the FMCA brand and marketing resources:
Brand Ambassadors are permitted to use the graphical banners and design resources located on our Affiliate Resources page. If a specific size banner ad is not available, the Brand Ambassador may contact the Affiliate Manager at email@example.com and request a new banner graphic be added to the available resources.
10. Prohibited Usage
The following are prohibited and are grounds for immediate termination of the Brand Ambassador account.
- Brand Ambassadors MAY NOT use the FMCA logo, logo marks or other FMCA website/branding imagery in a header graphic or in any way as to indicate they are officially affiliated or partnered with FMCA.
- Brand Ambassadors MAY NOT use the term “Functional Medicine Coaching” in ANY variation in their site URL (i.e. functionalmedicinecoaching.net, functionalmedicinecouponcodes.com, functionalmedicine.plugins.com, etc).
- Brand Ambassadors MAY NOT promote coupons that were not provided to them personally by FMCA. Doing so can result in the termination of your affiliate account and withholding of affiliate payments for violating our affiliate agreement.
- Brand Ambassadors MAY NOT host or promote “coupon stacking” sites where customers may combine coupons to receive additional discounts.
11. FMCA Anti-Spam Policy
FMCA strictly prohibits affiliates from using spam e-mail and other forms of Internet abuse (including spamming forums, blogs, Twitter, Facebook and other social media outlets) to seek sales. Spam is defined as including, but not limited to, the following:
- Electronic mail messages addressed to a recipient with whom the sender does not have an existing business or personal relationship or is not sent at the request of, or with the express consent of, the recipient through an opt in subscription;
- Messages posted to Usenet, forums, Twitter, Facebook and message boards that are off-topic (unrelated to the topic of discussion), cross-posted to unrelated newsgroups, posted in excessive volume, or posted against forum/message board rules.
- If a forum owner or moderator complains that a Brand Ambassador has spammed, the Brand Ambassador account may be permanently terminated after investigation.
- Content posted on free blog websites for the sole purpose of keyword spamming, or comments posted to legitimate blogs that violate the comment policy of the blog owner.
- Solicitations posted to chat rooms, or to groups or individuals via Internet Relay Chat or “Instant Messaging” system;
- Certain off-line activities that, while not considered Spam, are similar in nature, including distributing flyers or leaflets on private property or where prohibited by applicable rules, regulations, or laws.
FMCA, may undertake, at its sole discretion and with or without prior notice, the following enforcement actions:
Account Termination: Upon the receipt of a credible complaint, the FMCA Brand Ambassador Program manager may investigate the complaint, and if necessary, will then terminate the affiliate account of the individual implicated in the abuse. Termination results in the immediate closure of the member and affiliate account, the loss of all referrals, and the forfeiture of any unpaid money on account. At FMCA”s discretion, termination may not only result in being banned from the Brand Ambassador program, but also being banned from ANY other internal affiliate programs.
If you wish to report a violation of our Anti-Spam Policy, please forward all relevant evidence to firstname.lastname@example.org.
12. Relationship of Parties
Brand Ambassadors are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. Brand Ambassadors have no authority to make or accept any offers or representations on our behalf. Brand Ambassadors will not make any statement, whether on their sites or otherwise, that reasonably would contradict this statement.
13. Term and Termination
The term of this Agreement will begin when you accept and will end when terminated by either party. Either FMCA or the Brand Ambassador may terminate this Agreement at any time, with or without cause. Upon the termination of this Agreement for any reason, all licenses granted hereunder shall immediately terminate and you will immediately cease use of, and remove from Brand Ambassador’s Web Site, all links to the FMCA website, and all FMCA trademarks and logos, other FMCA marks and all other materials provided in connection with this program.
14. Limitation of Liability
FMCA will not be liable for indirect, special, or consequential damages (or any loss of revenue, profits, expenditures or data) arising in connection with this Agreement or the Program, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this Agreement and the Program will not exceed the total commissions paid or payable to the Brand Ambassador under to this Agreement.
FMCA makes no express or implied warranties or representations with respect to the Brand Ambassador Program or a Brand Ambassador’s potential to earn income from the Brand Ambassador Program. In addition, we make no representation that the operation of the websites or the Brand Ambassador links will be uninterrupted or error-free, and FMCA will not be liable for the consequences of any interruptions or errors.
FMCA’s failure to enforce Brand Ambassador’s strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement.
If any of the provisions of this Agreement are determined by a court to be unenforceable, they shall be severed from this Agreement, and the remaining provisions shall remain in full force and effect.
By registering with the FMCA Brand Ambassador Program, you acknowledge that you have read this agreement and agree to all its terms and conditions. You have independently evaluated this program and are not relying on any representation, guarantee or statement other than as set forth in this agreement.