Powerhouse Affiliate Partner Program Terms
PowerhouseAffiliate.com Affiliate Policies and Procedures
SECTION 1 INTRODUCTION
SECTION 1 Policies and Payment Policy Incorporated into Affiliate Agreement
These Policies and Procedures, in their present form and as amended by PowerhouseAffiliate.com (hereafter “PowerhouseAffiliate.com”, “Vault Media Inc”, or the “Company”), are incorporated into, and form an integral part of, the Affiliate Agreement. It is the responsibility of each Affiliate to read, understand, adhere to, and insure that he or she is aware of and operating under the most current version of these Policies and Procedures. Throughout these Policies, when the term “Agreement” is used, it collectively refers to the PowerhouseAffiliate.com Affiliate Agreement, these Policies and Procedures, and the Company Payment Policy. These documents are incorporated by reference into the PowerhouseAffiliate.com Affiliate Agreement (all in their current form and as amended by PowerhouseAffiliate.com).
SECTION 1.2 Changes to the Agreement
PowerhouseAffiliate.com reserves the right to amend the Agreement and its prices in its sole and absolute discretion. By entering into the Affiliate Agreement, an Affiliate agrees to abide by all amendments or modifications that PowerhouseAffiliate.com elects to make.
Amendments shall be effective 30 days after publication of notice that the Agreement has been modified. Amendments shall not apply retroactively to conduct that occurred prior to the effective date of the amendment. Notification of amendments shall be published by one or more of the following methods: (1) posting on the Company’s official web site; (2) electronic mail (e-¬‐mail); (3) posting in Affiliates’ membership area; (4) inclusion in Company periodicals; or (5) special mailings. The continuation of an Affiliate’s PowerhouseAffiliate.com business, the acceptance of any benefits under the Agreement, or an Affiliate’s acceptance of commissions from the sale of PowerhouseAffiliate.com products or services constitutes acceptance of all amendments.
Section 1.3 Delays
PowerhouseAffiliate.com shall not be responsible for delays or failures in performance of its obligations when performance is made commercially impracticable due to circumstances beyond its reasonable control. This includes, without limitation, strikes, labor difficulties, riot, war, fire, death, curtailment of a party’s source of supply, or government decrees or orders.
SECTION 1.4 Policies and Provisions Severable
If any provision of the Agreement, in its current form or as may be amended, is found to be invalid or unenforceable for any reason, only the invalid portion(s) of the provision shall be severed and the remaining terms and provisions shall remain in full force and effect. The severed provision, or portion thereof, shall be reformed to reflect the purpose of the provision as closely as possible.
SECTION 1.5 Waiver
The Company never gives up its right to insist on compliance with the Agreement and with the applicable laws governing the conduct of a business. No failure of PowerhouseAffiliate.com to exercise any right or power under the Agreement or to insist upon strict compliance by an Affiliate with any obligation or provision of the Agreement, and no custom or practice of the parties at variance with the terms of the Agreement, shall constitute a waiver of PowerhouseAffiliate.com’s right to demand exact compliance with the Agreement. The existence of any claim or cause of action of an Affiliate against
PowerhouseAffiliate.com shall not constitute a defense to PowerhouseAffiliate.com’s enforcement of any term or provision of the Agreement.
SECTION 2 BECOMING AN AFFILIATE
SECTION 2.1 Requirements to Become an Affiliate
To be a PowerhouseAffiliate.com Affiliate in our recurring commissions program, each applicant must:
• Be at least 18 years of age;
• Reside in the United States or Canada, or any country that PowerhouseAffiliate.com has NOT officially blacklisted;
SECTION 2.2 No Product or Service Purchase Required
No person is required to purchase PowerhouseAffiliate.com services, sales aids to become an Affiliate. Powerhouse Affiliate has the right to refuse affiliates for any reason or no reason.
SECTION 2.3 Affiliate Benefits
Once an Affiliate Agreement has been accepted by PowerhouseAffiliate.com, and the requirements of Section 2.1 have been satisfied, the benefits of the Payment Policy and the Affiliate Agreement are available to the new Affiliate. These benefits include the right to:
• Promote the PowerhouseAffiliate.com platform;
• Participate in the PowerhouseAffiliate.com Payment Policy (receive commissions from the sale of PowerhouseAffiliate.com products and services, if eligible);
• Refer other individuals as Affiliates into the PowerhouseAffiliate.com business and thereby, build a Marketing Organization and progress through the PowerhouseAffiliate.com Payment Policy
• Receive periodic PowerhouseAffiliate.com literature and other PowerhouseAffiliate.com communications
• Participate in PowerhouseAffiliate.com sponsored support, service, training, motivational and recognition functions, upon payment of appropriate charges, if applicable.
• Participate in promotional and incentive contests and programs sponsored by PowerhouseAffiliate.com for its Affiliates.
SECTION 2.4 Term and Renewal of Your PowerhouseAffiliate.com Business
The term of the Affiliate Agreement is month to month from the date of its acceptance by PowerhouseAffiliate.com (subject to prior termination or reclassification pursuant to Section 6), and shall automatically renew for successive terms unless either party notifies the other party that it does not wish to renew the Agreement.
Section 2.5 – Adherence to the PowerhouseAffiliate.com Payment Policy
Affiliate must adhere to the terms of the PowerhouseAffiliate.com Pay and Benefits Package as set forth in official PowerhouseAffiliate.com literature. Affiliate shall not offer the PowerhouseAffiliate.com opportunity through, or in combination with, any other system, program, Co-op, leads, sales tools, or method of marketing other than that specifically set forth in official PowerhouseAffiliate.com literature.
Affiliate shall not require or encourage other current or prospective Affiliate to participate in PowerhouseAffiliate.com in any manner that varies from the program as set forth in official PowerhouseAffiliate.com literature.
Affiliates shall not require or encourage other current or prospective customers or Affiliates to execute any agreement or contract other than official PowerhouseAffiliate.com agreements and contracts in order to become a PowerhouseAffiliate.com Affiliate.
Similarly, Affiliate shall not require or encourage other current or prospective Customers or Affiliates to make any purchase from, or payment to, any individual or other entity to participate in the Payment Plan other than those purchases or payments identified as recommended or required in official PowerhouseAffiliate.com literature.
SECTION 3 OPERATING AN INDEPENDENT POWERHOUSEAFFILIATE,COM BUSINESS
SECTION 3.1 Affiliate Marketing
Affiliates shall not require or encourage other current or prospective customers or Affiliates to execute any agreement or contract other than official PowerhouseAffiliate.com agreements and contracts in order to subscribe to or purchase PowerhouseAffiliate.com services or to become PowerhouseAffiliate.com Affiliates.
Similarly, Affiliates shall not require or encourage other current or prospective customers or Affiliates to make any purchase from, or payment to, any individual or other entity to participate in the PowerhouseAffiliate.com Payment Policy other than those purchases or payments identified as recommended or required in official PowerhouseAffiliate.com literature.
SECTION 3.2 Advertising
SECTION 3.2.1 General
All Affiliates shall safeguard and promote the good reputation of PowerhouseAffiliate.com and its products. The marketing and promotion of PowerhouseAffiliate.com, the PowerhouseAffiliate.com opportunity, the Payment Policy, and PowerhouseAffiliate.com services must avoid all discourteous, deceptive, misleading, unethical or immoral conduct or practices.
Affiliates may develop their own advertising and promotional materials so long as PowerhouseAffiliate.com properly authorizes such materials. It is the Affiliate’s obligation to ensure that his or her marketing activities are truthful, are not deceptive and do not mislead customers or potential Affiliates in any way.
No income claims or representations may be included in such materials unless a copy of the PowerhouseAffiliate.com Earnings Disclaimer is incorporated into the advertising or promotional material or the Internet address of the current Earnings Disclaimer is incorporated into the materials. (https://powerhouseaffiliate.com/disclaimer/)
To promote both the platform and the opportunity PowerhouseAffiliate.com has to offer, Affiliates must use the sales aids and support materials produced by PowerhouseAffiliate.com.
If PowerhouseAffiliate.com Affiliates develop their own sales aids and promotional materials (which includes Internet advertising), notwithstanding Affiliates’ good intentions, they may unintentionally violate any number of statutes or regulations affecting the PowerhouseAffiliate.com business. These violations, although they may be relatively few in number, could jeopardize the PowerhouseAffiliate.com opportunity for all Affiliates.
Accordingly, Affiliates must submit all written sales aids, promotional materials, advertisements, websites and other literature to the Company for Company’s approval prior to use.
Unless the affiliate receives specific written approval to use the material, the request shall be deemed denied. The marketing and promotion of PowerhouseAffiliate.com, the PowerhouseAffiliate.com opportunity, the Payment Policy, and the PowerhouseAffiliate.com platform shall be consistent with the public interest, and must avoid all discourteous, deceptive, misleading, unethical or immoral conduct or practices.
Affiliates will not make false or misleading statements about the sales opportunity. Affiliates may not sell sales aids to other PowerhouseAffiliate.com Affiliates. Therefore, Affiliates who receive authorization from PowerhouseAffiliate.com to produce their own sales aids may not sell such material to any other PowerhouseAffiliate.com Affiliate. PowerhouseAffiliate.com further reserves the right to rescind approval for any sales tools, promotional materials, advertisements, or other literature, and Affiliate waive all claims for damages or remuneration arising from or relating to such rescission.
SECTION 3.2.2 Trademarks and Copyrights
The name of PowerhouseAffiliate.com and other names as may be adopted by PowerhouseAffiliate.com are proprietary trade names, trademarks and service marks of PowerhouseAffiliate.com (collectively “marks”). As such, these marks are of great value to PowerhouseAffiliate.com and are supplied to Affiliates for their use only in an expressly authorized manner.
PowerhouseAffiliate.com will not allow the use of its trade names, trademarks, designs, or symbols, or any derivatives of such marks, by any person, including PowerhouseAffiliate.com Affiliates, in any unauthorized manner.
Affiliates may not use or attempt to register any of PowerhouseAffiliate.com’s trade names, trademarks, service names, service marks, product names, the Company’s name, or any derivative thereof, for any Internet domain name, e-mail address, or online alias.
Additionally, an Affiliate cannot use or register domain names, email addresses, and/or online aliases that could cause confusion, or be misleading or deceptive, in that they cause individuals to believe or assume the communication is from, or is the property of PowerhouseAffiliate.com.
The content of all Company sponsored events is copyrighted material. Affiliates may not produce for sale or distribution any recorded Company events, presentations, and speeches. Nor may Affiliates reproduce for sale or for personal use any recording of Company produced audio or videotape presentations.
As an independent Affiliate, you may use the PowerhouseAffiliate.com name in the following manner:
Independent PowerhouseAffiliate.com Affiliate
Independent PowerhouseAffiliate.com Affiliate
For example, an Affiliate may not secure the domain name www.powerhouseaffiliate.co, nor may an Affiliate create an email address such as [email protected]
Additionally, an Affiliate may only use the phrase Independent PowerhouseAffiliate.com Affiliate in telephone greetings or on an answering machine to clearly separate the Affiliate’s independent PowerhouseAffiliate.com business from PowerhouseAffiliate.com.
SECTION 3.2.3 Media and Media Inquiries
No press releases may be issued by anyone other than PowerhouseAffiliate.com. No exceptions. Affiliates must not attempt to respond to media inquiries regarding PowerhouseAffiliate.com, its products or services, or their independent PowerhouseAffiliate.com business. All inquiries by any type of media must be immediately referred to the Legal Department at [email protected]
This policy is designed to assure that accurate and consistent information is provided to the public as well as a proper public image. Affiliates must not utilize radio or television media, including radio or television infomercials, for the advertising, distribution or promotion of the PowerhouseAffiliate.com products or opportunity without the express consent of PowerhouseAffiliate.com.
In the unlikely event that PowerhouseAffiliate.com does grant permission for the use of such media, PowerhouseAffiliate.com reserves the right to have final authority and final approval before any releases of media, on every stage of the production process with full rights to all recordings.
SECTION 3.2.4 Unsolicited Email
PowerhouseAffiliate.com does not permit Affiliates to send unsolicited commercial emails unless such emails strictly comply with applicable laws and regulations including, without limitation, the federal CAN SPAM Act.
Any email sent by an Affiliate that promotes PowerhouseAffiliate.com, the PowerhouseAffiliate.com opportunity, or PowerhouseAffiliate.com services must comply with the following:
• There must be a functioning return email address to the sender.
• There must be a notice in the email that advises the recipient that he or she may reply to the email, via the functioning return email address, to request that future email solicitations or correspondence not be sent to him or her (a functioning “opt-out” notice).
• The email must include the Affiliate’s physical mailing address.
• The email must clearly and conspicuously disclose that the message is an advertisement or solicitation.
• The use of deceptive subject lines and/or false header information is prohibited.
• All opt-out requests, whether received by email or regular mail, must be honored. If an Affiliate receives an opt-out request from a recipient of an email, the Affiliate must forward the opt-out request to the Company.
PowerhouseAffiliate.com may periodically send commercial emails on behalf of Affiliates. By entering into the Affiliate Agreement, Affiliate agrees that the Company may send such emails and that the Affiliate’s physical and email addresses will be included in such emails as outlined above. Affiliates shall honor opt-out requests generated as a result of such emails sent by the Company.
SECTION 3.2.5 Unsolicited Faxes
Except as provided in this section, Affiliates may not use or transmit unsolicited faxes in connection with their PowerhouseAffiliate.com businesses. The term “unsolicited faxes” means the transmission via telephone facsimile or computer of any material or information advertising or promoting PowerhouseAffiliate.com, its products, its Payment Policy or any other aspect of the company which is transmitted to any person, except that these terms do not include a fax: (a) to any person with that person's prior express invitation or permission; or (b) to any person with whom the Affiliate has an established
business or personal relationship.
The term "established business or personal relationship" means a prior or existing relationship formed by a voluntary two way communication between an Affiliate and a person, on the basis of: (a) an inquiry, application, purchase or transaction by the person regarding products offered by such Affiliate; or (b) a personal or familial relationship, which relationship has not been previously terminated by either party.
SECTION 3.2 .6 Telephone Directory Listings
Affiliates may list themselves as an “Independent PowerhouseAffiliate.com Affiliate” in the white or yellow pages of the telephone directory, or with online directories, under their own name.
No Affiliate may place telephone or online directory display ads using PowerhouseAffiliate.com's name or logo. Affiliates may not answer the telephone by saying “PowerhouseAffiliate.com”, “PowerhouseAffiliate.com Incorporated”, or in any other manner that would lead the caller to believe that he or she has reached corporate offices of PowerhouseAffiliate.com. If an Affiliate wishes to post his or her name in a telephone or online directory, it must be listed in the following format:
Independent PowerhouseAffiliate.com Affiliate
SECTION 3.2.7 Television and Radio Advertising
Affiliates may not advertise on television or radio except with PowerhouseAffiliate.com’s express written approval.
SECTION 3.3 Online Conduct
If an Affiliate desires to utilize an Internet web page to promote his or her business, he or she may do so. Affiliates are not allowed to use search engine optimization with terms like "Powerhouse Affiliate SCAM" or "rip off" or other derogatory words as deemed so by the Company.
The use of any other web site or web page (including without limitation auction sites such as eBay) to promote PowerhouseAffiliate.com products or the PowerhouseAffiliate.com opportunity is a material breach of these Policies and Procedures.
SECTION 3.3.1 Affiliate Web Sites
Affiliates may create their own websites to promote the PowerhouseAffiliate.com opportunity and the Company’s platform, so long as the website and its content comply with the terms of the Agreement.
It is the Affiliate’s obligation to ensure that his or her online marketing activities are truthful, are not deceptive and do not mislead customers or potential Affiliates in any way.
Websites and web promotion activities and tactics that mislead or are deceptive, regardless of intent, will result in disciplinary action. Misleading tactics include, but are not limited to, spam linking (or blog spam), unethical search engine optimization (“SEO”) tactics, misleading click through ads (i.e. having the display URL of a Pay Per Click (“PPC”) campaign appear to be directed to an official PowerhouseAffiliate.com Corporate Site when it in fact goes elsewhere), deceptive or misleading banner ads, and deceptive or misleading press releases.
PowerhouseAffiliate.com will be the sole determinant of truthfulness and whether specific activities are misleading or deceptive.
If there are any income claims or representations contained within an Affiliate’s website, there must be a link to the PowerhouseAffiliate.com Earnings Disclaimer immediately adjacent to any such claim or representation.
SECTION 3.3.2 Affiliate Website Content
Affiliates are solely responsible and liable for the content, messaging, claims, and information included in their websites and must ensure that it appropriately represents and enhances the PowerhouseAffiliate.com brand and adheres to the terms of the Agreement.
Additionally, such websites must not contain disingenuous popup ads or promotions or malicious code. Decisions and corrective actions in this area are at PowerhouseAffiliate.com’s sole discretion.
The content of any website that promotes the PowerhouseAffiliate.com opportunity or PowerhouseAffiliate.com’s platform must be suitable for viewing by all persons and age groups. Such websites may not contain any material that:
• Is sexually explicit, obscene, or pornographic;
• Is offensive, profane, hateful, threatening, harmful, defamatory, libelous, harassing, or discriminatory (whether based on race, ethnicity, creed, religion, gender, sexual orientation, physical disability, or otherwise);
• Is graphically violent, including any violent video game images;
• Is solicitous of any unlawful behavior;
• Engages in personal attacks on any individual, group, or entity;
• Is in violation of any intellectual property rights of the Company or any third party; or
• Use of words like (but not limited to): scam, scams, rip-off, con, cheat, fraud, swindle, scare, fear, warning or hoax.
SECTION 3.3.3 Independent Affiliate Disclosure
To avoid confusion, each page of an Affiliate’s website must prominently disclose that the website is owned and operated by an Independent PowerhouseAffiliate.com Affiliate and not by the Company. To avoid confusion the following two elements must be prominently displayed at the top of every page of an independent PowerhouseAffiliate.com website developed by an Affiliate:
• The PowerhouseAffiliate.com independent affiliate logo
• The Affiliate’s name and title (i.e., Rick Jones, Independent PowerhouseAffiliate.com Affiliate)
Although PowerhouseAffiliate.com brand themes and images are desirable for consistency, anyone landing on any page of an Affiliate’s website must clearly understand that they are at an Independent Affiliate site, and not an PowerhouseAffiliate.com Corporate page.
SECTION 3.3.4 Social Media and Digital Media
In addition to meeting all other requirements specified in these Policies and Procedures, should an Affiliate utilize any form of social media, including but not limited to: Facebook, Twitter, LinkedIn, YouTube, Pinterest, or the Affiliate agrees to each of the following:
• No product sales or enrollments may occur on any social media site. To generate sales, a social media site must link only to the PowerhouseAffiliate.com website.
• Any social media site that is directly or indirectly operated or controlled by an Affiliate that is used to discuss or promote PowerhouseAffiliate.com’s products or the PowerhouseAffiliate.com opportunity
may not link to any website, social media site, or site of any other nature, other than the PowerhouseAffiliate.com website.
Social Media may be used by Affiliates to share information about the PowerhouseAffiliate.com business opportunity and PowerhouseAffiliate.com services, provided such information complies with the terms of the Agreement.
Profiles an Affiliate generates in any social community where PowerhouseAffiliate.com is discussed or mentioned must clearly identify the Affiliate as an Independent PowerhouseAffiliate.com Affiliate and not as an employee, agent, or corporate representative of the Company.
Affiliates may not upload, submit or publish any content to (including but not limited to) Facebook, YouTube, Twitter or Pinterest any video, audio, presentations or any computer files received from PowerhouseAffiliate.com or captured at official PowerhouseAffiliate.com events or in buildings owned or operated by PowerhouseAffiliate.com.
No income claims or representations may be made when participating in a social networking site unless a link to the Company’s current Earnings Disclaimer is provided.
Affiliates may not use online classifieds (including Craigslist) to list, sell, or retail specific PowerhouseAffiliate.com products. Affiliates may use online classifieds (including Craigslist) for prospecting, recruiting, sponsoring and informing the public about the PowerhouseAffiliate.com business opportunity.
PowerhouseAffiliate.com’s products may not be listed on Amazon, eBay or any other online auction sites. Nor may Affiliate’s enlist or knowingly allow a third party to sell products on Amazon, eBay or any other online auction sites.
SECTION 3.3.5 Change of Sponsor
An Affiliate may only have one sponsor. PowerhouseAffiliate.com prohibits changes of sponsorship to uphold the integrity of the Commission Structure and downline.
SECTION 3.3.6 Cancellation and Re-application
An Affiliate may only change his or her Sponsor by voluntarily canceling his or her Affiliate Agreement and remaining inactive (i.e., no promotion or sponsor of sales of PowerhouseAffiliate.com products or services, no sponsoring, no attendance at any PowerhouseAffiliate.com functions, no participation in any other form of Affiliate activity, no operation of any other PowerhouseAffiliate.com business, and no income from the PowerhouseAffiliate.com business) for six (6) full calendar months. Following the six month period of inactivity, the former Affiliate may reapply under a new Sponsor. In that event, the former Affiliate’s Marketing Organization will remain in the original line of sponsorship and the former Affiliate will start back as a new Affiliate with no downline.
SECTION 3.3.7 Waiver of Claims
In cases in which the appropriate sponsorship change procedures have not been followed, and a downline organization has been developed in the second business developed by an Affiliate, PowerhouseAffiliate.com reserves the sole and exclusive right to determine the final disposition of the downline organization. Resolving conflicts over the proper placement of a downline that has developed under an organization that has improperly switched sponsors is often extremely difficult. Therefore, AFFILIATES WAIVE ANY AND ALL CLAIMS AGAINST PowerhouseAffiliate.com, ITS OFFICERS, DIRECTORS, MANAGERS, MEMBERS, OWNERS, EMPLOYEES, AND AGENTS THAT RELATE TO OR ARISE FROM PowerhouseAffiliate.com’S DECISION REGARDING THE DISPOSITION OF ANY DOWNLINE ORGANIZATION THAT DEVELOPS BELOW AN ORGANIZATION THAT HAS IMPROPERLY CHANGED LINES OF SPONSORSHIP.
SECTION 3.3.8 Unauthorized Claims and Actions
PowerhouseAffiliate.com services and the Payment Policy, which are not expressly contained, in official PowerhouseAffiliate.com materials. This includes statements and representations made through all sources of communication media, whether person-to-person, in meetings, online, through Social Media, in print, or any other means of communication. Affiliates agree to indemnify PowerhouseAffiliate.com and PowerhouseAffiliate.com’s directors, officers, managers, members, employees, and agents, and hold them harmless from all liability including judgments, civil penalties, refunds, attorney fees, court costs, or lost business incurred by PowerhouseAffiliate.com as a result of the Affiliate’s unauthorized representations or actions. This provision shall survive the termination of the Affiliate Agreement.
SECTION 3.3.9 Income Claims
An Affiliate, when presenting or discussing the PowerhouseAffiliate.com opportunity or Payment Policy to a prospective Affiliate, may not make income projections, income claims, or disclose his or her PowerhouseAffiliate.com income (including the showing of checks, copies of checks, bank statements, or tax records) unless, at the time the presentation is made, the Affiliate provides a current copy of the PowerhouseAffiliate.com Income Disclosure Statement (IDS) to the person(s) to whom he or she is making the presentation.
SECTION 3.3.10 Opportunity Claims
When presenting or discussing the PowerhouseAffiliate.com opportunity or the PowerhouseAffiliate.com Payment Policy, you must make it clear to prospects that financial success with PowerhouseAffiliate.com requires commitment, effort, and sales skill.
Conversely, you must never represent that one can be successful without diligently applying themselves. Examples of misrepresentations in this area include:
• It’s a turnkey system;
• “All In” Mentality – okay to encourage someone to go “All-In” for educational purposes and for help in building their business. However, behaviors that are not permitted:
“Get All-In sit back and make money,”
“Go into debt,”
“forego paying your rent,”
“sell your car,”
“do it or you’ll be removed from the team,”
“name calling,” or
“alienation” in any manner;
• The system will do the work for you;
• Just get in and your downline will build through spillover;
• Just join and I’ll build your downline for you;
• The company does all the work for you;
• You don’t have to sell anything; or
• All you have to do is buy your products every month.
The above are just examples of improper representations about the Compensation Plan. It is important that you do not make these or any other representations that could lead a prospect to believe that they can be successful as an PowerhouseAffiliate.com Affiliate without commitment, effort, and sales skill. Prospects must understand that they are buying training on how to become an online marketing affiliate.
SECTION 3.3.11 Income Disclosure Statement
The PowerhouseAffiliate.com Income Disclosure Statement (“IDS”) is designed to convey truthful, timely, and comprehensive information regarding the income that PowerhouseAffiliate.com Affiliates earn. In order to accomplish this objective, a copy of the IDS must be presented to a prospective Affiliate (someone who
presented or discussed, or any type of income claim or earnings representation is made.
The terms “income claim” and/or “earnings representation” (collectively “income claim”) include: (1) statements of actual earnings, (2) statements of projected earnings, (3) statements of earnings ranges, (4) income testimonials, (5) lifestyle claims, and (6) hypothetical claims.
A lifestyle income claim typically includes statements (or pictures) involving large homes, luxury cars, exotic vacations, or other items suggesting or implying wealth. They also consist of references to the achievement of one's dreams, having everything one always wanted, and are phrased in terms of “opportunity” or “possibility” or “chance.”
Claims such as “My PowerhouseAffiliate.com income exceeded my salary after six months in the business,” or “Our PowerhouseAffiliate.com business has allowed my wife to come home and be a full-¬‐time mom” also fall within the purview of “lifestyle” claims.
SECTION 4 Errors or Questions
If an Affiliate has questions about or believes any errors have been made regarding commissions, bonuses, downline activity reports, genealogy lists, or charges, the Affiliate must notify PowerhouseAffiliate.com in writing within 30 days of the date of the purported error or incident in question. PowerhouseAffiliate.com will not be responsible for any errors, omissions or problems not reported to the Company within 30 days.
SECTION 5 Income Taxes
Each Affiliate is responsible for paying local, state, and federal taxes on any income generated as an Independent Affiliate. PowerhouseAffiliate.com cannot provide Affiliates with any personal tax advice. Affiliates should consult with their own tax accountant, tax attorney, or other tax professional.
SECTION 6 Independent Contractor Status
Affiliates are independent contractors. The agreement between PowerhouseAffiliate.com and its Affiliates does not create an employer/employee relationship, agency, partnership, or joint venture between the Company and the Affiliate. Affiliates shall not be treated as an employee for his or her services or for Federal or State tax purposes. All Affiliates are responsible for paying local, state, and federal taxes due from all compensation earned as an Affiliate of the Company. All Affiliates are responsible for paying local, state, and federal taxes due from all compensation earned as an Affiliate of the Company.
PowerhouseAffiliate.com is not responsible for withholding, and shall not withhold or deduct from a Representative’s bonuses and commissions, if any, taxes of any kind, unless withholding becomes legally required. The Affiliate has no authority (expressed or implied), to bind the company to any obligation. Affiliates are not authorized to and will not incur any debt, expense, obligation, or open any checking account or credit card on behalf of, for, or in the name of PowerhouseAffiliate.com. Each Affiliate shall establish his or her own goals, hours, and methods of sale, so long as he or she complies with the terms of the Affiliate Agreement, these Policies and Procedures, and applicable laws. Each Affiliate shall be solely responsible for paying all expenses incurred, including but not limited to travel, food, lodging, secretarial, office, long distance telephone, and other expenses. Each Affiliate shall establish his or her own goals, hours, and methods of sales promotion, so long as he or she complies with the terms of the Affiliate Agreement, these Policies and Procedures, and applicable laws.
SECTION 6 Adherence to Laws and Ordinances
Affiliates shall comply with all federal, state, and local laws and regulations in the conduct of their businesses. Many cities and counties have laws regulating certain home based businesses. In most cases these ordinances are not applicable to Affiliates because of the nature of their business. However, Affiliates must obey those laws that do apply to them. If a city or county official tells an Affiliate that an ordinance applies to him or her, the Affiliate shall be polite and cooperative, and immediately send a copy of the ordinance to the Compliance Department of PowerhouseAffiliate.com.
SECTION 7 Transfer or Assignment of an PowerhouseAffiliate.com Account
Having a PowerhouseAffiliate.com account does not mean you have a legal business. It is not able to be sold. The sale, transfer or assignment of an PowerhouseAffiliate.com account is not allowed. If an Affiliate wishes to close his or her PowerhouseAffiliate.com account and not receive further commissions then you must notify PowerhouseAffiliate.com in writing. You do not need to be a paid member to continue to receive commissions on your referrals.
SECTION 8 Referring People Online
When referring a new customer/affiliate through the online enrollment process, the referrer may assist the new referral in filling out the sign up materials. However, the referral must personally review and agree to the Affiliate Agreement.
SECTION 9 Death or Incapacity of an Affiliate
The Affiliate Agreement is a contract for personal services. Upon the death or incapacitation of an Affiliate (as determined by PowerhouseAffiliate.com at its sole and absolute discretion), the Affiliate Agreement shall expire and the account will be closed.
SECTION 10 Telemarketing Techniques
The use of phones or SMS text messages to promote Powerhouse Affiliate is prohibited.
SECTION 11 Online Account
PowerhouseAffiliate.com makes online accounts available to its Affiliates. These accounts provide Affiliates access to confidential and proprietary information that may be used solely and exclusively to promote PowerhouseAffiliate.com. However, access to the account is a privilege, and not a right. PowerhouseAffiliate.com reserves the right to deny Affiliates’ access to the back office at its sole discretion.
SECTION 12 Product Sales and Commissions
The PowerhouseAffiliate.com Payment Policy is based on the sale of the PowerhouseAffiliate.com products and services to end consumers. Affiliates must fulfill personal sales requirements as specified in the PowerhouseAffiliate.com
Compensation Plan (as well as meet other responsibilities set forth in the Agreement) to be eligible to earn commissions from the sale of the PowerhouseAffiliate.com platform. All commissions are paid directly to eligible Affiliates through the payment processing accounts that each Affiliate must activate.
SECTION 13 Refunds
Due to the nature of PowerhouseAffiliate.com’s online business, products are available at the time of purchase. As such, PowerhouseAffiliate.com has a strict 14 day return policy in effect, which begins from the date of purchase. Affiliates receive commissions based on the actual sales of the product to end consumers. When the Company issues a refund to a customer, the Affiliate who received a commission based on the sale of the refunded product or service agrees that he or she shall reimburse PowerhouseAffiliate.com the amount of the refund.
SECTION 14 Reports
All information provided by PowerhouseAffiliate.com in downline activity or downline genealogy reports, including but not limited to downline sales information and downline sponsoring activity is believed to be accurate and reliable. Nevertheless, due to various factors including but not limited to the inherent possibility of human, digital, and mechanical error; the accuracy, completeness, and timeliness of orders; denial of credit card and electronic check payments; returned products; credit card and electronic check charge backs; the information is not guaranteed by PowerhouseAffiliate.com or any persons creating or transmitting the information.
ALL PERSONAL AND DOWNLINE SALES INFORMATION IS PROVIDED "AS IS" WITHOUT WARRANTIES, EXPRESS OR IMPLIED, OR REPRESENTATIONS OF ANY KIND WHATSOEVER. IN PARTICULAR BUT WITHOUT LIMITATION THERE SHALL BE NO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, OR NONINFRINGEMENT.
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, PowerhouseAffiliate.com AND/OR OTHER PERSONS CREATING OR TRANSMITTING THE INFORMATION WILL IN NO EVENT BE LIABLE TO ANY AFFILIATE OR ANYONE ELSE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES THAT ARISE OUT OF THE USE OF OR ACCESS TO PERSONAL AND/OR DOWNLINE SALES INFORMATION (INCLUDING BUT NOT LIMITED TO LOST PROFITS, COMMISSIONS, LOSS OF OPPORTUNITY, AND DAMAGES THAT MAY RESULT FROM INACCURACY, INCOMPLETENESS, INCONVENIENCE, DELAY, OR LOSS OF THE USE OF THE INFORMATION), EVEN IF PowerhouseAffiliate.com OR OTHER PERSONS CREATING OR TRANSMITTING THE INFORMATION SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE FULLEST EXTENT PERMITTED BY LAW, PowerhouseAffiliate.com OR OTHER PERSONS CREATING OR TRANSMITTING THE INFORMATION SHALL HAVE NO RESPONSIBILITY OR LIABILITY TO YOU OR ANYONE ELSE UNDER ANY TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY, PRODUCTS LIABILITY OR OTHER THEORY WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT OR TERMS AND CONDITIONS RELATED THERETO.
Access to and use of PowerhouseAffiliate.com’s online reporting services and your reliance upon such information is at your own risk. All such information is provided to you "as is". If you are dissatisfied with the accuracy or quality of the information, your sole and exclusive remedy is to discontinue use of and access to PowerhouseAffiliate.com’s online reporting services and your reliance upon the information.
SECTION 15 Monthly Billing
The subscription fees are automatically paid each month with a credit or debit card maintained on file with PowerhouseAffiliate.com. Affiliates may make adjustments to their monthly subscription in the back office of the PowerhouseAffiliate.com website.
SECTION 16 DISPUTE RESOLUTION AND DISCIPLINARY PROCEEDINGS
Violation of any term of the Agreement or the violation of any common law duty, including but not limited to any applicable duty of loyalty, or any illegal, fraudulent, deceptive or unethical business conduct, or any act or omission by an Affiliate that, in the sole discretion of the Company may damage its reputation or goodwill (such damaging act or omission need not be related to the Affiliate’s PowerhouseAffiliate.com promotions), may result, at PowerhouseAffiliate.com's discretion, in one or more of the following corrective measures:
• Issuance of a written warning or admonition;
• Requiring the Affiliate to take immediate corrective measures;
• Suspension of the individual’s Affiliate Agreement for one or more pay periods;
• Transfer or removal of some or all of an Affiliate’s downline Affiliates from the offending
Affiliate’s Marketing Organization;
• Involuntary termination of the offender’s Affiliate Agreement;
• Suspension and/or termination of the offending Affiliate’s ability to access the PowerhouseAffiliate.com website Back Office; or
• Any other measure expressly allowed within any provision of the Agreement or which PowerhouseAffiliate.com deems practicable to implement and appropriate to equitably resolve injuries caused partially or exclusively by the Affiliate’s policy violation or contractual breach.
In all situations when a Suspension is issued and commissions withheld, commissions will be paid to Admin until such time that the suspended account is reinstated. The reason for this is to keep everyone honest in their dealings and allegations of wrongdoing. In situations deemed appropriate by PowerhouseAffiliate.com, the Company may institute legal proceedings for monetary and/or equitable relief.
SECTION 17 Governing Law, Jurisdiction and Venue
Jurisdiction and venue of any matter not subject to arbitration shall reside exclusively in New Brunswick Canada.
SECTION 18 CANCELLATION OF THE AGREEMENT AND RECLASSIFICATION
So long as an Affiliate remains active and complies with the terms of the Agreement, PowerhouseAffiliate.com shall pay commissions to such Affiliate in accordance with the Payout Structure. An Affiliate’s commissions constitute the entire consideration for the Affiliate's efforts in generating sales of PowerhouseAffiliate.com services and all activities related to generating such sales (including building a Marketing Organization). Following an Affiliate’s non renewal of his or her Powerhouse Affiliate membership, that affiliate will still be able to participate in the partner program and receive commissions on new sales so long as they adhere to the terms of this agreement, and meet the monthly referral minimum qualification requirement.
This includes the right to refer people to the PowerhouseAffiliate.com platform and the right to receive future commissions, bonuses, or other income resulting from the sales by other Affiliates in the Affiliate’s Organization.
SECTION 19 - Monthly Referral Minimum Qualification Requirement.
In the event of cancellation of an affiliates Powerhouse Affiliate Premium Membership, that Affiliate agrees to waive all rights they may have, including but not limited to property rights to their former down line, any bonuses, commissions or other remuneration derived from the sales of PowerhouseAffiliate.com services, should they not generate at least 2 new customer referrals within a calendar month.
SECTION 20 Involuntary Cancellation
An Affiliate’s violation of any of the terms of the Agreement, including any amendments that may be made by PowerhouseAffiliate.com in its sole discretion, may result in the involuntary cancellation of his or her Affiliate Agreement. Cancellation shall be effective on the date on which written notice is mailed, emailed, faxed, or delivered to an express courier, to the Affiliate’s last known address, email address, or fax number, or to his or her attorney, or when the Affiliate receives actual notice of cancellation, whichever occurs first.
PowerhouseAffiliate.com reserves the right to terminate all Affiliate Agreements upon thirty (30) days written notice in the event that it elects to: (1) cease business operations; (2) dissolve as a corporate entity; or (3) terminate distribution of its products via direct selling.
SECTION 21 Voluntary Cancellation
A participant in this affiliate marketing plan has a right to cancel at any time, regardless of reason. Cancellation must be submitted in writing to the Company at its principal business address. The written notice must include the Affiliate’s signature, printed name, address, and username.
If such a former Affiliate has an active subscription to any of the Company’s subscription-¬‐based products or services, such subscription(s) shall remain in force and the former Affiliate shall be reclassified as a customer, unless the Affiliate also specifically requests that his or her subscription(s) also be canceled.
SECTION 22 –Definitions
Active Affiliate — An Affiliate is one who satisfies the requirements, as set forth in the PowerhouseAffiliate.com Payment Policy to ensure that he or she is eligible to receive bonuses and commissions.
Agreement — The contract between the Company and each Affiliate includes the Affiliate Agreement, the PowerhouseAffiliate.com Policies and Procedures, and the PowerhouseAffiliate.com Compensation Plan, all in their current form and as amended by PowerhouseAffiliate.com in its sole discretion. These documents are collectively referred to as the “Agreement.”
Cancel — The termination of an Affiliate’s business. Cancellation may be either voluntary, involuntary, through non-¬‐renewal or inactivity.
Customer — An individual or entity that purchases PowerhouseAffiliate.com products or services from an Affiliate, but who is not an Affiliate