AFFILIATE PROGRAM TERMS AND CONDITIONS

The following Affiliate Program Terms and Conditions (“Affiliate Terms”) are by and between Lauren Smith Nutrition LLC (hereinafter referred to as the “Company”, “We”, “Us” and/or “Our”) and you (hereinafter referred to as the “Affiliate” and/or “You”). The Company and the Affiliate will collectively be referred to herein as the “Parties”. 

BY SUBMITTING THE ONLINE APPLICATION YOU ARE AGREEING THAT YOU HAVE READ AND UNDERSTAND THE TERMS AND CONDITIONS OF THIS AGREEMENT AND THAT YOU AGREE TO BE LEGALLY RESPONSIBLE FOR EACH AND EVERY TERM AND CONDITION

1. Lauren Smith Nutrition LLC Affiliate Program Description

This Agreement describes the terms and conditions for participation in the Lauren Smith Nutrition LLC affiliate program (the “Program”). The Program is meant to help give back to those promoting The Sorority Nutritionist by selling The Sorority Nutritionist Membership.

2. Changes to this Agreement

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 are not limited to, changes in the scope of available referral fees, fee schedules, payment procedures and Program rules. If any of the modifications are unacceptable for you, you may terminate this Agreement by e-mailing Lauren Smith at [email protected]. Continued participation in the Program will be considered your acceptance of any and all change(s) to this Agreement. 

3. Becoming an Affiliate (Enrollment)

To enroll in the Program, you must submit an affiliate application and be approved by Lauren Smith Nutrition LLC and agree to the terms in this agreement. As soon as the application is processed, you will be notified via email by Lauren Smith Nutrition LLC of your application status as soon as possible after your information is reviewed.

4. Your Affiliate URL (Unique Link)

You will be issued a unique URL (your “Affiliate link”) once you become an approved Affiliate of the Program. Your Affiliate Link will be unique to you and you only, and will allow you to be paid for affiliate referrals.

5. Affiliate Commission

As an Affiliate, you’ll receive 15% of the revenue as a commission from orders placed and paid for 30 days through your (properly coded) Affiliate link. If commission rates are ever increased at any time (for example, for a special promotion or sale), your commission will default back to 15% after that promotion has ended.

For a sale to generate a commission to an Affiliate, the customer must pay in full. The customer must complete his or her order and remit full payment for the The Sorority Nutritionist Membership ordered through our Kajabi website.

Word of mouth referrals will not result in an affiliate commission being generated. Commissions will only be paid on sales that are made when the customer clicks through qualified, correctly structured Affiliate Links within the time period specified above. Properly coded links, and distribution thereof, are the sole responsibility of the affiliate.

6. Payment

We pay affiliates via PayPal provided to us when a member joins. If the PayPal email changes, it’s the Affiliate’s responsibility to notify us to ensure that the Affiliate’s PayPal email address is updated in our system so proper commission payments may be made. We will not resend payments returned due to incorrect payment email addresses. 

7. Order Fulfillment

We are solely responsible for processing every order placed by a customer via affiliate links. Affiliates are not authorized to collect payments or sell Lauren Smith Nutrition LLC’s The Sorority Nutritionist Membership from other websites as a “reseller” and no “resale” rights are granted in ANY way. 

Affiliates are not authorized to sell any of our products, services, or programs on other sites or on social media. Affiliates are not authorized to give away copies of any of our products, services, or programs. We will also be solely responsible for all customer service inquires. 

All affiliates understand and acknowledge that no physical products will be shipped.

Customers who purchase products and services through the Affiliate Program will be deemed to be customers of Lauren Smith Nutrition LLC. The customer’s personal information, including email address, are not permitted to be used by Affiliate in any way. 

8. Affiliate Code of Conduct

Lauren Smith Nutrition LLC will not accept an Affiliate application or continue to work with an Affiliate whose website or company:

• Promotes sexually explicit or inappropriate materials.
• Promotes or incites violence.
• Promotes any health or wellness products through multi-level marketing companies or direct sales. 
• Promotes or engages in discrimination based on race, color, religion or creed, National origin or ancestry, sex, age, physical or mental disability, veteran status.
• Promotes illegal acts.
• Fails to abide by the Federal Trade Commissions rules related to disclose of affiliate links. 
• Includes Company’s name or variations or misspellings thereof in its domain name.
• Contains any content that is objectionable to Company in Company’s sole discretion. 
• Contains software downloads that potentially enable diversions of commission from other affiliates in the Affiliate Program. 
• Lists coupon codes or discounts that are NOT officially provided to them by the Company. You may NOT promote coupon codes you may have found elsewhere online. Doing so can result in the termination of your affiliate account and withholding of affiliate payments for violating our affiliate agreement.
• Infringes or otherwise violates any copyright, trademark, or other intellectual property rights of any other site, company, or person. 

Engagement in, or violation of, any of the terms herein may result in the Affiliate’s immediate termination from the Program.

Company reserves the right to monitor your website or social media at any time to determine if you are following the terms and conditions of this Agreement. Company may request that you make changes to your site as it relates to your promotion of the Affiliate Program.  

9. Permitted Usage of Branding

The following are permitted uses of the Company’s brand and marketing images and resources:

• https://the-sorority-nutritionist.mykajabi.com/sorority-nutritionist-membership
• “The Sorority Nutritionist Membership”
• “TSN Membership”

Other than the permitted uses listed in this section, Affiliates are not permitted to use Lauren Smith Nutrition LLC’s logo, marks, taglines, branding, or imagery in any other way, in any medium both online or in-person. If you have any questions as to whether you can use our branding in any way, please email Lauren Smith at [email protected]

10. Lauren Smith Nutrition LLC Anti-Spam Policy + Termination Policy

We strictly prohibit Affiliates from using spam e-mail and other forms of online abuse (including spamming forums, blogs, Twitter, Facebook and other social media outlets) to seek sales. Spam includes, but is not limited to, the following:

• E-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 social media groups, websites, 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. Please be conscious of forum/group rules. If a forum owner or group moderator complains that an affiliate has violated the group’s rules, the Affiliate’s account may be permanently terminated after our investigation.
• Certain offline activities that, while not considered Spam, are similar in nature, including distributing any materials on private property or where prohibited by applicable laws, regulations, and/or rules.

If an Affiliate violates any term in this Agreement, the Company may undertake, at its sole discretion, and with or without prior written notice to the Affiliate, the following enforcement action:

• Account/Affiliate Termination: Upon the receipt of a credible complaint, we 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.

If you wish to report a violation of our Anti-Spam Policy, please forward all relevant evidence to our customer service department at [email protected]. 

In the event that this Agreement is terminated due to your fraudulent activity, prohibited activities (defined herein), or abuse of the Affiliate Program, Company shall not be liable to you for any commissions pending as a result of such actions.

Upon termination, your affiliate account will be deactivated. Any sales that may result from clicks to your Affiliate URLs after termination of this Agreement will not result in a commission to you. We reserve the right to discontinue your access to the Affiliate Dashboard at any time

11. PROGRAM RESTRICTIONS

1. You may not advertise in any way that effectively conceals or misrepresents your identity, your domain name, or your return email address. You may use email, such as email newsletters, to customers to promote the Affiliate Program so long as the recipient is already a customer or subscriber to your email list, and recipients have the option to remove themselves from future mailings through functionality like an unsubscribe button. At all times, you must clearly represent yourself and your web sites as independent from Company and fully disclose your status as Affiliate. 

1. You may not engage in Pay-Per-Click campaigns on keywords such as Company’s name, Company’s URL, and/or any misspellings or similar alterations of these – be it separately or in combination with other keywords. 
   
   
2. Affiliates are not prohibited from keying in prospect’s information into the lead form as long as the prospects’ information is real and true, and these are valid leads. 

1. Affiliate shall not transmit any so-called “interstitials,” “Parasiteware,” “Parasitic Marketing,” “Shopping Assistance Application,” “Toolbar Installations and/or Add-ons,” “Shopping Wallets” or “deceptive pop-ups and/or pop-unders” to consumers from the time the consumer clicks on a qualifying link until such time as the consumer has fully exited Company’s site (i.e., no page from Company’s website or any Company’s content or branding is visible on the end-user’s screen). 

As used herein  “Parasiteware” and “Parasitic Marketing” shall mean an application that (a) through accidental or direct intent causes the overwriting of affiliate and non-affiliate commission tracking cookies through any other means than a customer initiated click on a qualifying link on a web page or email; (b) intercepts searches to redirect traffic through an installed software, thereby causing commission tracking cookies to be put in place where a user would under normal circumstances have arrived at the same destination through the results given by the search engine; (c) set commission tracking cookies through loading of Company site in IFrames, hidden links and automatic pop ups that open Company’s website; (d) targets text on websites, other than those web sites owned by the Affiliate, for the purpose of contextual marketing; (e) removes, replaces, or blocks the visibility of Affiliate banners with any other banners.

12. INDEPENDENT CONTRACTOR - Relationship of Parties

Affiliates are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the Affiliate and the Company. Affiliates have no authority to make or accept any offers or representations on the Company’s behalf. Affiliates will not make any statement, whether on their sites, social media accounts, or otherwise, that reasonably would contradict this statement or imply otherwise.

12. Term and Termination

The term of this Agreement will begin when your application is accepted and you sign and return this Agreement. It will end when terminated by either party. Either Lauren Smith Nutrition LLC or the Affiliate may terminate this Agreement at any time, with or without cause. Upon termination of this Agreement for any reason and/or by either party, all licenses granted hereunder shall immediately terminate and you will immediately cease use of, and remove from Affiliate’s Web Site, all links to the Lauren Smith Nutrition LLC websites, and all Lauren Smith Nutrition LLC trademarks and logos, other Lauren Smith Nutrition LLC marks and all other materials provided in connection with the Program.

13. Limitation of Liability

Lauren Smith Nutrition LLC is not responsible or liable in any way for any and all damages you receive directly or indirectly from your participation in the Program. We do not assume liability for damages, injuries, harm, death, loss of profits (or failure to generate profits), misuse of (or failure to properly use) information or documents, due to any act, or failure to act, by you. IN NO EVENT SHALL WE BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES.

14. Disclaimer

We make no express or implied warranties or representations with respect to the Affiliate Program or the Affiliate’s potential to earn any monies or income from the Program. In addition, we make no representation that the operation of the websites or the Affiliate links will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors at any time. We further make no representation that The Sorority Nutritionist Membership will be provided for any period of time or that this Program will continue for any duration, either. 

15. Severability

The provisions of this Agreement are severable, and the invalidity or unenforceability of any provision shall not affect the validity and enforceability of any other provision herein. If any paragraph, section, subsection, sentence, or clause of this Agreement is rendered illegal, invalid, or unenforceable, such illegality, invalidity, or unenforceability shall have no affect on the Agreement as a whole or on any other paragraph, section, subsection, sentence, or clause herein.

16. Entire Agreement

This Agreement contains the entire agreement between the Parties. There are no other promises or conditions in any other agreement (oral or written) between the Parties.

17. Applicable Law

This Agreement shall be governed by the laws of the state of Florida. 

Updated: February 2021