BOM CRM Affiliate Program Agreement
Thank you for your interest in the Blue Oceans Marketing (BOM) CRM Affiliate Program. We are excited to have you onboard and look forward to a successful partnership. This Agreement outlines the operational aspects of the Affiliate Program, defines roles and responsibilities, and ensures clarity and protection for both parties.
Please review the details thoroughly and contact us at [email protected] if you have any questions.
Important Information
Compliance: Affiliates must adhere to all applicable laws, including the CAN-SPAM Act, and refrain from unsolicited emailing.
Trademark Usage: Affiliates must not use or register domains including "BOM CRM", "Blue Oceans Marketing", or any similar derivatives potentially confusing.
Content and Conduct: Affiliates must not disparage Blue Oceans Marketing, BOM CRM, Michael Fabiano or its representatives, or misrepresent its services. Promoting through inappropriate channels or offensive content is prohibited.
Ownership and Independence: Your role as an Affiliate is promotional and does not constitute a partnership, employment, or agency relationship with Blue Oceans Marketing.
Acceptance: Participation in the Affiliate Program signifies agreement to these terms.
Introduction
This Affiliate Program Agreement ("Agreement") is between you ("Affiliate") and Blue Oceans Marketing LLC ("Company"). Participation is conditional upon acceptance of these terms.
Eligibility: Participants must be at least 18 years old.
Enrollment: Apply via our website. Approved affiliates will receive an affiliate link to track referrals.
How does the program work? As an Affiliate, you will receive an Affiliate Link to direct buyers to our properties. Sales through this link may earn commissions, payable in US dollars.
Payments
We start paying affiliate commissions no sooner than 30 days after consumers purchase through your link. Please expect your payouts 30-60 days after the sales you have earned commission on.
Method: All payments are made via PayPal.
Thresholds: A minimum of $100 in accrued commissions is required for payout. Requests for payouts under $100 can be made by sending an email to [email protected].
Once you start sharing your affiliate link with others, you will be able to track associated data in our affiliate portal.
Chargebacks: Commissions from transactions resulting in chargebacks will be deducted from future payments.
Commission Structure
Standard Commission: 10% recurring commission of the CRM price will be paid as long as your referral remains an active CRM client. There is no limit on the number of referrals made.
Affiliate Responsibilities
Accurate Information: Maintain accurate and up-to-date contact information. Failure may result in delayed payments or account suspension.
Confidentiality: Keep login credentials confidential and secure.
Prohibited Actions: Purchases through your own affiliate link for personal gain are prohibited, as are actions that disparage the company or violate any agreements.
FTC Guidelines and Spam: You agree to adhere to the FTC's endorsement guidelines and CAN-SPAM Acts. We have a zero-tolerance policy towards SPAM or any Affiliate associated with SPAM. Violations may lead to termination of the Affiliate account and forfeiture of commissions.
Email: You agree to receive email or other electronic communications from us including but not limited to newsletters, site updates, promotion resources, and other announcements and correspondence. You agree that all electronically-sent agreements, notices, disclosures, and other communications that we provide satisfy any legal requirement that such communications be in writing. You agree to be bound by any agreement reached through electronic communications in terms of the Electronic Transactions Act 2002. We accept no responsibility for the accurate receipt of any such emails and you are responsible for ensuring that your email address is not blocked or impaired in any way, including by ensuring 'white-listing' of our email address. If you unsubscribe from receiving our emails, you acknowledge and understand that you may no longer receive information or updates from Blue Oceans Marketing, related courses, or any of our other properties.
Intellectual Property (IP)
Ownership: All intellectual property rights are strictly reserved unless explicitly granted.
Usage of Materials: You may use Blue Oceans Marketing logos and materials as provided in the Affiliate portal. These materials may be used without modification.
Brand Guidelines: Adherence to our brand guidelines is required when using our name and materials.
Term and Termination
Duration: This agreement remains effective until terminated by either party.
Termination: Either party may terminate the agreement with notice. Upon termination, all outstanding commissions that are valid and due will be paid in the next payout cycle post-termination.
In the event of a chargeback, all monies will be invoiced to the Affiliate or deducted from monies owed.
In the event we terminate this Agreement due to breach by Affiliate, Affiliate shall not be entitled to any outstanding Commission payments.
Guarantees, Liability, and Disclaimers
Warranties: We strive to maintain the accuracy and reliability of the content on the Blue Oceans Marketing websites. However, we do not provide warranties or assurances regarding the error-free operation of our websites, or the completeness, accuracy, or timeliness of the information provided. The services and content on our websites are provided "as is" without warranties of any kind.
Income Guarantees: Blue Oceans Marketing makes no claims or guarantees regarding the potential income or financial results from participating in the Affiliate Program. Success depends on numerous factors, including individual effort and market conditions, which are beyond our control.
Availability: The availability of our websites may vary, and they are subject to occasional downtime for maintenance, technical issues, and factors beyond our control. Blue Oceans Marketing does not guarantee uninterrupted access to our websites.
Malicious Code: While we take significant measures to ensure the security of our websites, we cannot guarantee that our websites are free from malicious software such as viruses. You are responsible for implementing sufficient security and backup features for your own safety. Liability: To the maximum extent permitted by applicable law, Blue Oceans Marketing, including any of our subsidiaries, affiliates, licensors, and their respective directors, officers, employees, or agents, will not be liable for any direct, indirect, incidental, special, consequential, or punitive damages resulting from the use of, or the inability to use, our services or websites. This includes, but is not limited to, loss of revenue, anticipated profits, business, data, or damages resulting from any viruses, system failures, or malfunctions which may occur in connection with your use of our website, including during hyperlink to or from third-party websites.
Security: We take reasonable precautions to secure your personal information, but you acknowledge that no internet transmission is entirely secure. We do not guarantee complete security against unauthorized access.
Severability and Waiver: If any provision of this Agreement is deemed invalid or unenforceable by a court, the remaining provisions will continue in effect. Failure by us to enforce any right or provision of this Agreement will not constitute a waiver of that right or provision.
Indemnification: By agreeing to these terms and using our websites, you agree to indemnify and hold harmless Blue Oceans Marketing and its affiliates against any claims, damages, expenses, liabilities, and losses, including legal fees, arising from your use of our websites or your breach of this Agreement.
Miscellaneous
Amendments: We reserve the right to amend the terms of this Agreement. Continued participation constitutes acceptance of any changes.
Feedback: We welcome and may use any feedback you provide. Feedback provided may be used without obligation to compensate.
Governing Law: This Agreement is governed by the laws of the State of Wisconsin, USA.
Affiliate Branding
As an affiliate, you are expected to uphold the integrity and visibility of the Blue Oceans Marketing brand in accordance with our branding guidelines. Please adhere to the following rules when promoting our brand:
Usage and Placement: Ensure it is clear that you are a third party and not directly employed by Blue Oceans Marketing. Any promotional material or web presence should clearly state your independence from Blue Oceans Marketing.
Logo Usage: Request logos through [email protected] and ensure logos are used within our size specifications:
Twitter header: no more than 75px x 75px
Facebook header: no more than 160px x 160px
In a tweet or a post: no more than 25%
Respect for Intellectual Property: Do not stretch, alter color, or modify the logos in any way.
Appropriate Language: Avoid using foul language or profanity in any branded content.
Domain Name Restrictions: You are not permitted to use Blue Oceans Marketing or any variant thereof in any domain name.
Social Media Use: Follow specific guidelines for social media platforms, such as Twitter and Facebook, ensuring logos and brand names are used appropriately without implying direct affiliation or endorsement by Blue Oceans Marketing.
For detailed branding guidelines and updates, or if you have specific questions about permissible uses, please contact [email protected].
Prohibited Actions and Content: You must avoid any activities or content that could harm the reputation of Blue Oceans Marketing or its products. This includes but is not limited to:
Promoting BOM CRM on platforms that feature content related to tobacco, sexually explicit material, violence, illegal activities, or discrimination of any kind. Using the real names of any of our students or disclosing sensitive information obtained during any of our training sessions without consent.
Acceptance
By applying to the Blue Oceans Marketing Affiliate Program, you acknowledge that you have read, understood, and agreed to be bound by the terms of this Agreement.
Blue Oceans Marketing Affiliate Code of Conduct
Commitment to Ethical Conduct
As an affiliate of Blue Oceans Marketing you are agreeing to engage ethically in promoting BOM CRM, maintaining honesty, professionalism, and compliance with all relevant laws.
Prohibited Activities: Avoid any actions that could be perceived as spam, inappropriate content dissemination, or misleading claims about our products.
Review & Enforcement: Blue Oceans Marketing reserves the right to monitor affiliate activities to ensure compliance with this code of conduct.
Violations of this Code may result in termination of the affiliate relationship and forfeiture of accrued commissions.
By proceeding with your application, you confirm your acceptance of the Affiliate Program Agreement and Code of Conduct.
For any questions, contact [email protected]