FBKMarketing Affiliate Terms and Conditions

These are the terms of the FBKMarketing Affiliate Program for affiliates who enroll businesses in FBK Marketing's social media service: eligibility, compensation, payouts, termination and prohibited activities.

Effective Date: August 14, 2024

1. Affiliate Eligibility

1.1. To participate in the FBKMarketing Affiliate Program, you must be at least 18 years of age.

1.2. You must complete the necessary registration process and be approved by FBKMarketing to become an affiliate.

1.3. By joining the Affiliate Program, you acknowledge and agree that you are acting as an independent contractor and not as an employee of FBKMarketing. You will be responsible for your own taxes and will receive a 1099 form at the end of the tax year.

2. Affiliate Responsibilities

2.1. As an affiliate, you are responsible for promoting FBKMarketing's "$1990 Per Month Effortless Social Media Automation" program to potential clients. Your efforts should be honest, ethical, and in compliance with all applicable laws and regulations.

2.2. You may use the marketing materials provided by FBKMarketing to promote the program. However, you are not authorized to modify these materials without prior written consent from FBKMarketing.

2.3. You are responsible for any costs incurred while promoting FBKMarketing’s program, including but not limited to advertising, travel, and communication expenses.

2.4. Affiliates are strictly prohibited from engaging in any activities that may damage the reputation or credibility of FBKMarketing, including but not limited to false advertising, spamming, and unethical business practices.

3. Affiliate Compensation

3.1. For every business that you successfully enroll in the FBKMarketing "$1990 Per Month Effortless Social Media Automation" program, you will earn $500 per month as long as the business remains active in the program.

3.2. Cookie Life: Affiliates are credited with sales that occur within 365 days of the user’s first visit to FBKMarketing through the affiliate’s referral link.

3.3. Payout Terms: Payments will be made on a Net-15 basis. This means you will receive your payout on the 15th of the month following the month in which earnings were generated. For example, earnings from January will be paid out on February 15th.

3.4. FBKMarketing reserves the right to withhold or adjust payments if there is any indication of fraudulent activity or breach of these Terms and Conditions.

3.5. As an independent contractor, you are responsible for your own taxes and will receive a 1099 form from FBKMarketing at the end of the tax year.

4. Affiliate Termination

4.1. FBKMarketing reserves the right to terminate your affiliate status at any time, with or without cause, by providing written notice to you.

4.2. Upon termination, you must immediately cease all promotion of FBKMarketing’s program and remove any marketing materials related to the program from your platforms.

4.3. Any outstanding commissions owed to you at the time of termination will be paid in accordance with the standard payment schedule, provided that you have not engaged in any fraudulent or unethical behavior.

5. Confidentiality

5.1. As an affiliate, you may have access to confidential information related to FBKMarketing's business, products, and services. You agree to keep this information confidential and not to disclose it to any third party without prior written consent from FBKMarketing.

5.2. This confidentiality obligation remains in effect even after the termination of your affiliate status.

6. Limitation of Liability

6.1. FBKMarketing will not be liable for any indirect, incidental, or consequential damages arising from your participation in the Affiliate Program, including but not limited to loss of profits, loss of data, or interruption of business.

6.2. FBKMarketing’s total liability to you for any claims arising under this agreement will not exceed the total amount of commissions paid to you under the Affiliate Program.

7. Governing Law

7.1. These Terms and Conditions are governed by and construed in accordance with the laws of the State of New Hampshire, without regard to its conflict of law principles.

7.2. Any disputes arising out of or related to these Terms and Conditions shall be resolved through binding arbitration in Nashua, New Hampshire, and you agree to submit to the jurisdiction of the courts located in Nashua, New Hampshire for any necessary proceedings.

8. Amendments

8.1. FBKMarketing reserves the right to amend these Terms and Conditions at any time. Any changes will be communicated to you in writing or by email. Your continued participation in the Affiliate Program constitutes your acceptance of any changes.

9. Entire Agreement

9.1. These Terms and Conditions constitute the entire agreement between you and FBKMarketing with respect to your participation in the Affiliate Program and supersede all prior or contemporaneous communications and proposals, whether oral or written.

10. Prohibited Activities

10.1. Affiliates are prohibited from using any illegal or unethical methods to promote FBKMarketing’s services. This includes but is not limited to:

Spamming (sending unsolicited emails or messages).
Using adware, spyware, or malware.
Misleading advertising or making false claims about FBKMarketing’s services.
Offering unauthorized incentives (e.g., cash back, rewards) to potential clients.

10.2. Affiliates must not bid on keywords containing FBKMarketing’s trademarked terms in any search engine advertising programs (e.g., Google Ads).

10.3. Affiliates are not allowed to create websites or social media accounts that give the appearance of being an official FBKMarketing property.

11. Intellectual Property

11.1. FBKMarketing grants affiliates a non-exclusive, non-transferable, revocable license to use FBKMarketing’s trademarks, logos, and marketing materials solely for the purpose of promoting the "$1990 Per Month Effortless Social Media Automation" program.

11.2. Affiliates must not modify the provided marketing materials in any way without prior written approval from FBKMarketing.

11.3. All intellectual property rights in FBKMarketing’s services, logos, and marketing materials remain with FBKMarketing. Affiliates do not acquire any ownership or other rights to FBKMarketing’s intellectual property.

12. Reporting and Accountability

12.1. Affiliates must keep accurate records of all promotional activities and provide FBKMarketing with access to these records upon request.

12.2. Affiliates are required to disclose their affiliate relationship with FBKMarketing clearly in all promotional materials, as per FTC guidelines.

12.3. FBKMarketing reserves the right to audit the affiliate’s promotional activities to ensure compliance with these Terms and Conditions.

13. Indemnification

13.1. The affiliate agrees to indemnify, defend, and hold harmless FBKMarketing, its directors, officers, employees, and agents from and against any and all claims, liabilities, damages, losses, or expenses, including legal fees and costs, arising out of or in any way connected with:

The affiliate’s breach of these Terms and Conditions.
The affiliate’s negligence or willful misconduct.
Any claim or allegation that the affiliate’s promotional activities infringe on the intellectual property or other rights of any third party.

14. Force Majeure

14.1. FBKMarketing shall not be liable for any delay or failure to perform its obligations under these Terms and Conditions if such delay or failure results from circumstances beyond its reasonable control, including but not limited to natural disasters, war, terrorism, labor disputes, internet outages, or government actions.

15. Termination for Convenience

15.1. Either party may terminate the affiliate relationship at any time, for any reason, with 30 days' written notice to the other party.

15.2. Upon termination, the affiliate will no longer be entitled to receive any commissions for new sales generated after the termination date. However, they will continue to receive commissions for existing clients they enrolled before termination as long as those clients remain in the program.

16. Severability

16.1. If any provision of these Terms and Conditions is found to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect.

17. No Waiver

17.1. The failure of FBKMarketing to enforce any right or provision of these Terms and Conditions will not be considered a waiver of such right or provision.

By participating in the FBKMarketing Affiliate Program, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.