Empirely Affiliate Agreement
PLEASE READ AND CONSIDER THESE TERMS CAREFULLY AS THEY FORM A BINDING AGREEMENT BETWEEN YOU as an Affiliate AND Empirely.
This Empirely Affiliate Agreement constitutes a legally binding agreement between Empirely and you ("You" or "Your"). BY CHECKING THE BOX STATING THAT YOU HAVE READ AND AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT AS PART OF YOUR REGISTRATION WITH Empirely, YOU AGREE AND CONSENT TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, INCLUDING ANY CHANGES TO THIS AGREEMENT OR ADDITIONAL POLICIES INCORPORATED BY REFERENCE WHICH Empirely MAY MAKE IN ITS SOLE DISCRETION IN THE FUTURE, FOR AS LONG AS YOU USE THE Empirely SERVICES.
BY USING Empirely PLATFORM as an affiliate, YOU (a) AGREE TO THIS AGREEMENT GOVERNS YOUR USE AND PROMOTION OF ANY GOODS AND SERVICES ON THE Empirely PLATFORM, (b) REPRESENT AND WARRANT THAT YOU (i) ARE AT LEAST 18 YEARS OLD AND THE AGE OF MAJORITY; (ii) YOU HAVE READ THESE TERMS IN THE ENTIRETY; (iii) AGREE TO BE BOUND BY ALL OF THE TERMS AND BE HELD LIABLE FOR ANY NONCOMPLIANCE WITH THE TERMS; AND (iv) YOU HAVE THE CAPACITY TO ENTER INTO THESE TERMS SO AS TO BIND YOU THEM. IF YOU DO NOT AGREE TO THESE TERMS OR ARE UNABLE TO COMMIT TO THE FOREGOING, DO NOT ACCESS OR USE THE Empirely PLATFORM.
1.Affiliate Account Registration
a. You will be required to register for an affiliate account to promote products listed on Empirely. When you provide information during the registration process, you agree to provide only true, accurate, current, and complete information and to update it as necessary to maintain its truth and accuracy.
b. If you register for an Empirely account, you agree to accept responsibility for all activities that occur under your account or password, if any, and you agree you will not sell, transfer, or assign your account and any rights. You are responsible for maintaining the confidentiality of your password and for restricting access to your computer (or other Internet access device, as applicable) so that others may not access the password-protected portion of the Empirely Services using your account information in whole or in part.
2.Promoting Products
You agree to the following when promoting products on the Empirely platform:
a. You will use the trademarks, logos, trade names, or service marks of Empirely only as permitted by Empirely, or according to any provided guidelines.
b. You will not engage in any unauthorized use of intellectual property or infringe on any patents, copyrights, trademarks, or other proprietary rights.
c. If you promote products subject to higher regulatory scrutiny, you agree to comply with any additional terms provided by Empirely.
d. You will not promote violence, sexually explicit content, illegal activities, or discriminatory content.
e. You will not promote products to children under the age of 13.
f. You will not defame or disparage any person or entity.
g. You will not use Empirely’s intellectual property in any unauthorized manner, including domain names, usernames, or social media pages that imply a third-party endorsement.
h. You will comply with applicable laws, including the FTC's Endorsement Guidelines, and include all necessary disclosures and disclaimers in your promotions.
i. Empirely reserves the right to review, modify, or reject your promotional materials at any time.
3.Security and Accuracy of Account Information
a. Account Information Security: You are responsible for maintaining the confidentiality of your account information, including your login credentials and any sensitive personal information, such as bank details, payment methods, and contact information.
b. Accuracy of Bank Details: You are solely responsible for ensuring that the banking details provided in your affiliate account are accurate and up-to-date. If commissions are paid to an incorrect account due to inaccurate or outdated banking information provided by you, Empirely will not be held responsible, and you will not be entitled to any reimbursement.
c. Responsibility for Changes: If any of your account or banking details change, you are required to update your information promptly in the affiliate platform to avoid any payment issues. Empirely is not liable for any missed or misdirected payments caused by your failure to maintain correct and up-to-date details.
4. Availability of Services; Suspension; Termination
a. Empirely may, in its sole discretion, suspend or terminate your affiliate account at any time for any reason, including if Empirely suspects or has reason to believe that you have violated this agreement.
b. Empirely reserves the right to withhold commissions or funds in your account if misconduct is suspected.
c. In the event of suspension or termination, Empirely may retain funds as liquidated damages, and you acknowledge that such actions are not a penalty.
5. Prohibited Practices
a. Fraudulent Activities: You may not engage in activities such as generating fake traffic, using automated systems, or employing deceptive advertising methods. Violating this provision will result in immediate termination of your account and forfeiture of any commissions.
b. Misleading Claims: Affiliates may not make misleading or false claims about Empirely products or services. Deceptive advertising will lead to account termination and potential legal action.
6. Email Marketing, Telemarketing, and Other Advertising Methods
a. You agree to comply with all applicable federal and state laws, including the CAN-SPAM Act, COPPA, the Telephone Consumer Protection Act (TCPA), and any other relevant advertising regulations when engaging in email, text messaging, or telemarketing.
b. You may not exploit security holes, use spyware, or send spam or junk traffic. Empirely reserves the right to terminate your account for violating this policy.
7. Leaderboard, Contests, and Prizes
a. Leaderboard: The leaderboard is determined by the highest sales revenue generated by affiliates.
b. Prizes: Any costs related to delivery, taxes, shipping, registration fees, and administrative paperwork associated with prizes won in contests will be the responsibility of the affiliate.
b. Prize Payments: All prizes will be paid out within 30 days after the launch competition ends. The total value of any prize cannot exceed the cash value advertised.
8. Affiliate Conduct and Ethics
a. Respectful Conduct: Affiliates must maintain professionalism when promoting Empirely products. Any harmful behavior, including harassment or illegal activity, will lead to account termination.
b. Compliance with Local Laws: Affiliates are responsible for complying with all applicable laws, including advertising laws, data protection regulations, and consumer protection laws.
9. Tax Responsibilities
a. Affiliates are responsible for reporting and paying taxes on any commissions earned. Empirely will not withhold taxes, and affiliates should consult with a tax professional.
10. Intellectual Property Rights
a. Affiliates are granted a limited, non-transferable, non-exclusive license to use Empirely's intellectual property for the purpose of promoting Empirely products. Any unauthorized use will lead to termination of the affiliate account.
b. Empirely retains ownership of all intellectual property related to the services and products offered on its platform.
11. Dispute Resolution and Governing Law
a. Arbitration: Any disputes shall be resolved through binding arbitration, and the affiliate agrees to submit to arbitration under the rules of a UK arbitration body.
b. Governing Law: This agreement will be governed by the laws of UK jurisdiction, without regard to conflict-of-law principles.
12. Indemnity
You agree to indemnify and hold harmless Empirely, its officers, employees, and affiliates from any claims, damages, or expenses (including attorney’s fees) arising out of your breach of this agreement, fraudulent activities, or violations of law.
13. Additional Terms
a. No Negative Words in Marketing: Affiliates are prohibited from using negative words or terms in their marketing campaigns. Violating this rule will result in termination.
b. Use of Brand Name: Affiliates may not create social media pages or websites using the product brand name or Empirely’s name to avoid brand abuse or customer confusion. Violating this will result in account termination.
c. Refund Practices: Affiliates must not encourage customers to refund purchases from other affiliates to buy through them. This will result in account termination.
d. Affiliate Links: We recommend cloaking your affiliate links in autoresponders and on social media.
14. Affiliate Commission Terms & Conditions
Empirely may offer affiliates the ability to promote multiple products, services, programs, memberships, software tools, digital products, events, or other offerings (collectively, “Products”), each of which may have its own commission structure, payout rules, qualification requirements, and additional terms and conditions.
The affiliate commission terms applicable to each Product will be outlined separately under its respective section below. By participating in the promotion of any Product, you agree to the specific commission terms applicable to that Product in addition to these general Affiliate Terms.
Empirely reserves the right to introduce, modify, suspend, or discontinue Products and related affiliate commission structures at any time, in accordance with applicable law.
Additional Products and corresponding affiliate commission terms may be added to these Terms & Conditions in the future.
14.1 Empirely Membership Plan Affiliate Commission Terms & Conditions
a. Commission Rates New Sales:
Empirely offers a recurring monthly affiliate commission program. The commission rate applied to each referral is determined by the affiliate’s active Empirely Membership Plan at the time the referral is made. Commission rates are as follows and are subject to applicable transactional and platform fee deductions:
Tycoon Plan: 50%
Mogul Plan: 40%
Pioneer Plan: 30%
Each new referral is always paid at the commission rate of the affiliate’s active Empirely plan at the time the referral occurs.
b. Definitions:
For the purposes of these Terms:
“Existing Referrals” (or “Existing Sales”) refers to customers you referred before you upgraded or downgraded your membership plan.
“New Referrals” refers to customers you refer after the plan change takes effect or when you join for the first time.
“Commission Rate” refers to the percentage associated with your current membership plan.
c. Effect of Downgrading Your Membership Plan on Existing Referrals:
If you downgrade your Empirely Membership Plan (for example, from Tycoon to Mogul or from Mogul to Pioneer or From Tycoon to Pioneer):
Immediate Rate Reduction for Existing Referrals
As soon as the downgrade takes effect, the commission rate applied to all existing referrals will be reduced to the rate associated with your new, lower plan.
Permanent Effect on Existing Referrals
If you later upgrade your membership plan, the commission rate for those existing referrals will not increase.
These referrals remain permanently locked at the reduced rate established at the time of your downgrade.
New Referrals After Downgrading
Any new referrals you generate after the downgrade will earn commission at the rate associated with your newly downgraded plan.
Example:
You are a Tycoon member (50%) with multiple referrals. You downgrade to Mogul (40%). The system immediately applies the 40% rate to all existing referrals. If you later upgrade back to Tycoon, those older referrals remain at 40%, but new referrals you make as a Tycoon will receive 50%.
d. Effect of Upgrading Your Membership Plan on Existing Referrals:
If you upgrade your Empirely Membership Plan (for example, from Pioneer to Mogul or from Mogul to Tycoon):
Existing Referrals Maintain Their Current Rate
Existing referrals continue to earn the commission rate associated with your prior, lower plan. Upgrading does not increase the commission rate applied to those pre-upgrade referrals.
New Referrals Earn the Higher Rate
Any new referrals you generate after the upgrade will earn commission at the higher rate associated with your upgraded plan.
Example:
You are a Pioneer member (30%) with existing referrals. You upgrade to Mogul (40%). Existing referrals remain at 30%, while new referrals made after upgrading earn 40%.
e. Summary of Commission Rule Behavior:
For clarity and avoidance of doubt:
New referrals always earn the commission rate of your active membership plan at the time of referral.
Existing referrals:
Will decrease in commission rate if you downgrade your plan.
Will not increase in commission rate if you upgrade your plan.
Commission rates for existing referrals are never increased, only reduced when a downgrade occurs.
Commission rates for new referrals always reflect your active plan at the time of referral.
f. Additional Terms:
Empirely reserves the right to verify membership status at any time.
Commission structures and membership plan benefits may be modified at Empirely’s discretion, in accordance with applicable law.
Maintaining an active membership plan is required to receive recurring commissions.
Failure to maintain an active membership will suspend commission payouts until reactivation.
By agreeing to this agreement, you confirm that you understand and accept the terms outlined above and will comply with the rules and regulations set forth by Empirely.