Affiliate Agreement – Coach Lacey’s Holistic EduPreneurs Affiliate Program

Coach Lacey's Holistic EduPreneurs
Affiliate Program Agreement

This agreement (“Agreement”) describes the terms and conditions for participation in the Coach Lacey’s Holistic EduPreneurs Affiliate Program. The terms “Affiliate,” “you,” and “your” are referring to you, the person who is applying to participate in our affiliate program. “We” and “our” refer to Holistic Wellness Coaching Method with Fitness Lacey, FitnessLacey.com, Coach Lacey, Lacey Powell Fitness and Dance, and Coach Lacey’s Holistic EduPreneurs .

As an authorized affiliate (Affiliate) of Holistic Wellness Coaching Method with Fitness Lacey, you agree to abide by the terms and conditions contained in this Agreement (Agreement). Please read the entire Agreement carefully before registering and promoting Holistic Wellness Coaching Method with Fitness Lacey as an Affiliate.

Your participation in the Program is solely to legally advertise our website to receive a commission on memberships and products purchased by individuals referred to Holistic Wellness Coaching Method with Fitness Lacey by your own website or personal referrals. 

By signing up for the Holistic Wellness Coaching Method with Fitness Lacey Affiliate Program (Program), you indicate your acceptance of this Agreement and its terms and conditions.

You and we are independent parties and you agree that this Agreement shall not create any form of partnership or employer-employee relationship between us. If you are accepting this Agreement on behalf of another person or a company, you agree that you have authority to bind them.

APPROVAL OR REJECTION OF THE APPLICATION

We reserve the right to approve or reject ANY Affiliate Program Application at our sole and absolute discretion. You will have no legal recourse against us for the rejection of your Affiliate Program Application.

REGISTRATION AND USE

To be eligible to participate as an affiliate, you must be at least eighteen (18) years old, and have a valid tax ID or social security number. If you are in the United States you must complete a W9 form or its equivalent in your country. During the registration process you may be asked to provide certain information. In providing this information you represent and agree that all information is, and will remain, truthful and current.

We reserve the right to determine whether you are eligible or terminate your participation with us at any time, without notice. We reserve the right to terminate your account at any time without notice or reason, but specifically we may do so if you or your site violates any term of this Agreement or any applicable law. Termination of your account for breach or violation of law may include forfeiture of any compensation owed and disgorgement of any already paid.

Account Terms

  • You must be 18 years or older to be part of this Program.
  • You must live in the United States to be an Affiliate.
  • You must be a human. Accounts registered by “bots” or other automated methods are not permitted.
  • You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.
  • Your login may only be used by one person – a single login shared by multiple people is not permitted.
  • You are responsible for maintaining the security of your account and password. Holistic Wellness Method with Coach Lacey cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
  • You are responsible for all Content posted and activity that occurs under your account.
  • One person or legal entity may not maintain more than one account.
  • You may not use the Affiliate Program for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
  • You may not use the Affiliate Program to earn money on your own Holistic Wellness Method with Coach Lacey product accounts.

Links/graphics on your site, in your emails, or other communications

Once you have signed up for the Affiliate Program, you will be assigned a unique Affiliate Code. You are permitted to place links, banners, or other graphics we provide with your Affiliate Code on your site, in your emails, or in other communications. We will provide you with guidelines, link styles, and graphical artwork to use in linking to Holistic Wellness Method with Coach Lacey. We may change the design of the artwork at any time without notice, but we won’t change the dimensions of the images without proper notice.

To permit accurate tracking, reporting, and referral fee accrual, we will provide you with special link formats to be used in all links between your site and the Holistic Wellness Method with Coach Lacey. You must ensure that each of the links between your site and the Holistic Wellness Method with Coach Lacey properly utilizes such special link formats. Links to the Holistic Wellness Method with Coach Lacey placed on your site pursuant to this Agreement and which properly utilize such special link formats are referred to as “Special Links.” You will earn referral fees only with respect to sales on a Holistic Wellness Method with Coach Lacey product occurring directly through Special Links; we will not be liable to you with respect to any failure by you or someone you refer to use Special Links or incorrectly type your Affiliate Code, including to the extent that such failure may result in any reduction of amounts that would otherwise be paid to you pursuant to this Agreement.

Affiliate links should point to the page of the product being promoted.

AGREEMENT DURATION AND TERMINATION

This Agreement will begin upon our acceptance of your affiliate application and will end when terminated by either party, but we may terminate this agreement at any time, without notice, for your breach or violation of law.

Termination may occur at any time, with or without cause, by giving the other party written notice of the termination in accordance with this Agreement.Once the Agreement is terminated, you will immediately cease your participation with the site, remove any offers, content, links or creative that has been provided to you by us or our advertisers. Once terminated you will forfeit any rights to any compensation from the date of termination.

We may also reject any application if you are from a state that currently imposes a tax on the sale of goods or services by affiliates (i.e. nexus tax) and the advertiser does not wish to promote its products in that state through you.

Your affiliate application and status in the Program may be suspended or terminated for any of the following reasons:

  • Inappropriate advertisements (false claims, misleading hyperlinks, etc.).
  • Spamming (mass email, mass newsgroup posting, etc.).
  • Advertising on sites containing or promoting illegal activities.
  • Failure to disclose the affiliate relationship for any promotion that qualifies as an endorsement under existing Federal Trade Commission guidelines and regulations, or any applicable state laws.
  • Violation of intellectual property rights. Holistic Wellness Coaching Method with Fitness Lacey reserves the right to require license agreements from those who employ trademarks of Holistic Wellness Coaching Method with Fitness Lacey in order to protect our intellectual property rights.
  • Offering rebates, coupons, or other form of promised kick-backs from your affiliate commission as an incentive. Adding bonuses or bundling other products with Holistic Wellness Coaching Method with Fitness Lacey, however, is acceptable.
  • Self referrals, fraudulent transactions, suspected Affiliate fraud.

In addition to the foregoing, Holistic Wellness Coaching Method with Fitness Lacey reserves the right to terminate any Affiliate account at any time, for any violations of this Agreement or no reason.

AFFILIATE LINKS

You may use graphic and text links both on your website and within in your email messages. You may also advertise the Holistic Wellness Coaching Method with Fitness Lacey site in online and offline classified ads, magazines, and newspapers.

You may use the graphics and text provided by us, or you may create your own as long as they are deemed appropriate according to the conditions and not in violation as outlined in the Termination section.

COUPON AND DEAL SITES

Holistic Wellness Coaching Method with Fitness Lacey occasionally offers coupon to select affiliates and to our newsletter subscribers. If you’re not pre-approved / assigned a branded coupon, then you’re not allowed to promote the coupon. Below are the terms that apply for any affiliate who is considering the promotion of our products in relation to a deal or coupon:

  • Affiliates may not use misleading text on affiliate links, buttons or images to imply that anything besides currently authorized deals to the specific affiliate.
  • Affiliates may not bid on Holistic Wellness Coaching Method with Fitness Lacey Coupons, Holistic Wellness Coaching Method with Fitness Lacey Discounts or other phrases implying coupons are available.
  • Affiliates may not generate pop-ups, pop-unders, iframes, frames, or any other seen or unseen actions that set affiliate cookies unless the user has expressed a clear and explicit interest in activating a specific savings by clicking on a clearly marked link, button or image for that particular coupon or deal. Your link must send the visitor to the merchant site.
  • User must be able to see coupon/deal/savings information and details before an affiliate cookie is set (i.e. “click here to see coupons and open a window to merchant site” is NOT allowed).
  • Affiliate sites may not have “Click for (or to see) Deal/Coupon” or any variation, when there are no coupons or deals available, and the click opens the merchant site or sets a cookie. Affiliates with such text on the merchant landing page will be removed from the program immediately.

PAY PER CLICK (PPC) POLICY

PPC bidding is NOT allowed without prior written permission.

MODIFICATION

We may modify any of the terms and conditions within this Agreement at any time and at our sole discretion, regardless of the dissimilarity that may occur between the amended version of the Agreement and the original version. These modifications may include, but are not limited to, changes in the scope of available referral fees, fee schedules, payment procedures and rules relating to our affiliate program. If any of the modifications are unacceptable to you, you must immediately terminate this Agreement and notify us of such notification; you must not continue participating in the affiliate program. By continuing to participate in the program following the posting of a Change Notice or amendments to this Agreement, you are indicating that you accept the modifications and agree to comply with them.

PAYMENT METHOD

Affiliates will be paid via PAYPAL. Affiliates MUST have a valid Paypal account. Paypal makes it very easy to create an account. It is not the responsibility of Coach Lacey, FitnessLacey.com, Holistic Wellness Coaching Method with Lacey or Lacey Powell Fitness and Dance to make sure applicants or Affiliates have a valid Paypal account. If applicant and/or affiliate inputs the incorrect email address, it is on the affiliate to address with and contact Paypal about lost monies.  Affiliate, and any and all representatives waive any and all right to any legal actions due to misinforming Coach Lacey, et al, about Paypal Account email address or any and all related issues.

COMMISSION FEES

Commissions will be paid once a month. For an Affiliate to receive a commission, the referred account must remain active for a minimum of 31 days. Commission Tiers are reset on the 1st of every month.

You cannot refer yourself, and you will not receive a commission on your own accounts.

Payments will only be sent for transactions that have been successfully completed. Transactions that result in chargebacks or refunds will not be paid out.

The schedule for you to receive compensation is based on the occurrence of a valid event, which is governed by the terms of the offer and its requirements. We reserve the right, in our sole discretion, to determine the validity of any event that would lead to compensation to you. Furthermore, we will have no obligation to pay for invalid actions or if the advertiser(s) fails to remit payment.

Depending on the particular offer, your compensation may be based on 10-50% of the gross revenue or per sale as a commission from the particular valid action that would trigger compensation to you (i.e. orders placed through your Affiliate Site). You will only be paid for legitimate compensation that was earned, which is determined by us in our sole discretion. Payment will be made by an approved method that will be posted on the site, and in U.S. Dollars unless otherwise agreed to by both parties in writing. You will be paid only once you have reached a payment threshold of at least $25.00 USD (or another number agreed in writing by both parties) and paid on terms of a schedule of 30 days after the last day of the calendar month or another time frame which has been agreed upon in writing by both parties.

For a sale to generate a commission to an Affiliate, the customer must complete the order form, remit full payment for the service ordered, and have their installation completed. You will receive your specified commission rate for the particular item you are advertising for orders placed through the Affiliate Sites of those sub-Affiliates which you have sponsored into the Coach Lacey’s Holistic EduPreneurs Affiliate Program. Affiliate commissions will only be paid on sales which are made through qualified Affiliates, after the minimum threshold amount has been met, and after the customer has paid for in full and kept their purchase of the goods or service for 30 days with no refunds or chargebacks.

Compensation can only be earned between the acceptance of the Affiliate application and notice of termination. Fees will be paid on the first day of each month by Coach Lacey’s Holistic EduPreneurs, but only after the minimum threshold has been met. Any returned checks, chargebacks, or fees from a returned order will be adjusted in the following fee payment. If no fee payment is due, a billing invoice for the amount will be issued.

Affiliates must have an active link on their website. In order to qualify for commissions on sub-affiliate sales in any given month, an affiliate must personally sell at least one order during that month. Affiliate will also be responsible for all taxes and fees that they may incur.

Recurring commissions will be paid to affiliate for as long as the referred customer pays Coach Lacey. Payments will be sent for successful transactions only. Transactions that have been refunded or charged-back do not qualify for commissions. If your account is terminated, you will no longer receive any commissions. 

For Example, you can expect the following affiliate rates for recurring monthly membership subscription if someone were to use your specific affiliate link or code when making a membership subscription purchase (At the time of writing this, the information below is accurate, but note that changes and modifications can happen at any time and may not be reflected here. Please use the contact form for questions):

(updated 25MAY24)

Utilizing WPAffiliate Manager which only has a single rate option: 25.25% Commission for each eligible item

(updated 26JAN24)

Utilizing AffiliateWP which has tiered commission rates options

# – Membership Type Sold (without any customer discounts) = Commission Rate %

  • 1 – Wellness Warrior = 10%
  • 1 – Transformational Titan = 15%
  • 4 – Wellness Warrior = 20%
  • 9 – Wellness Warrior = 35%
  • 5 – Transformational Titan = 45%
  • 10 – Transformational Titan = 50%

Reminder that tiered commission rates reset each 1st of the month. 

Referral fees/commissions and payment

For a Product sale to be eligible to earn a referral fee, the customer must click-through a Special Link from your site, email, or other communications to https://fitnesslacey.com and complete an order for a product during that session.

We will only pay commissions on links that are automatically tracked and reported by our systems. We will not pay commissions if someone says they purchased or someone says they entered a referral code if it was not tracked by our system. We can only pay commissions on business generated through properly formatted special links that were automatically tracked by our systems.

We reserve the right to disqualify commissions earned through fraudulent, illegal, or overly aggressive, questionable sales or marketing methods.

Payments only begin once you’ve earned more than $25 in affiliate income. If your affiliate account never crosses the $25 threshold, your commissions will not be realized or paid. We are only responsible for paying accounts that have crossed the $25 threshold.

Identifying yourself as a Holistic EduPreneur Affiliate

You may not issue any press release with respect to this Agreement or your participation in the Program; such action may result in your termination from the Program. In addition, you may not in any manner misrepresent or embellish the relationship between us and you, say you develop our products, say you are part of Holistic EduPreneur with Coach Lacey or express or imply any relationship or affiliation between us and you or any other person or entity except as expressly permitted by this Agreement (including by expressing or implying that we support, sponsor, endorse, or contribute money to any charity or other cause).

You may not purchase products through your affiliate links for your own use. Such purchases may result (in our sole discretion) in the withholding of referral fees and/or the termination of this Agreement.

Payment schedule

As long as your current affiliate earning are over $25, you’ll be paid each month. If you haven’t earned $25 since your last payment, we’ll pay you the following month after you’ve crossed the threshold.

Customer definition

Customers who buy products through this Program will be deemed to be our customers. Accordingly, all of our rules, policies, and operating procedures concerning customer orders, customer service, and product sales will apply to those customers. We may change our policies and operating procedures at any time. For example, we will determine the prices to be charged for products sold under this Program in accordance with our own pricing policies. Product prices and availability may vary from time to time. Because price changes may affect Products that you have listed on your site, you should not display product prices on your site. We will use commercially reasonable efforts to present accurate information, but we cannot guarantee the availability or price of any particular product.

Your responsibilities

You will be solely responsible for the development, operation, and maintenance of your site and for all materials that appear on your site. For example, you will be solely responsible for:

– The technical operation of your site and all related equipment
– Ensuring the display of Special Links on your site does not violate any agreement between you and any third party (including without limitation any restrictions or requirements placed on you by a third party that hosts your site)
– The accuracy, truth, and appropriateness of materials posted on your site (including, among other things, all Product-related materials and any information you include within or associate with Special Links)
– Ensuring that materials posted on your site do not violate or infringe upon the rights of any third party (including, for example, copyrights, trademarks, privacy, or other personal or proprietary rights)
– Ensuring that materials posted on your site are not libelous or otherwise illegal
– Ensuring that your site accurately and adequately discloses, either through a privacy policy or otherwise, how you collect, use, store, and disclose data collected from visitors, including, where applicable, that third parties (including advertisers) may serve content and/or advertisements and collect information directly from visitors and may place or recognize cookies on visitors’ browsers.

Relationship of Parties

You and we are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on your site or otherwise, that reasonably would contradict the statements herein.

Independent Investigation

YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU UNDERSTAND THAT WE MAY AT ANY TIME (DIRECTLY OR INDIRECTLY) SOLICIT CUSTOMER REFERRALS ON TERMS THAT MAY DIFFER FROM THOSE CONTAINED IN THIS AGREEMENT OR OPERATE WEB SITES THAT ARE SIMILAR TO OR COMPETE WITH YOUR WEB SITE. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN THE PROGRAM AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.

Miscellaneous

This Agreement will be governed by the laws of The United States, without reference to rules governing choice of laws. You may not assign this Agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and be enforceable against the parties and their respective successors and assigns. Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement.

The failure of Holistic Wellness Method with Coach Lacey to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Holistic Wellness Method with Coach Lacey and govern your use of the Service, superceding any prior agreements between you and Holistic Wellness Method with Coach Lacey (including, but not limited to, any prior versions of the Terms of Service).

LIABILITY

Holistic Wellness Coaching Method with Fitness Lacey will not be liable for indirect or accidental damages (loss of revenue, commissions) due to affiliate tracking failures, loss of database files, or any results of intents of harm to the Program and/or to our website(s).

We do not make any expressed or implied warranties with respect to the Program and/or the memberships or products sold by Holistic Wellness Coaching Method with Fitness Lacey. We make no claim that the operation of the Program and/or our website(s) will be error-free and we will not be liable for any interruptions or errors.

ORDER PROCESSING

Coach Lacey’s Holistic EduPreneurs will be solely responsible for processing every order placed by a customer on the Affiliate and sub-affiliate sites. Customers who purchase products and services through the Coach Lacey’s Holistic EduPreneurs will be deemed to be customers of Coach Lacey’s Holistic EduPreneurs . Prices and availability of our products and services may vary from time to time. Coach Lacey’s Holistic EduPreneurs policies will always determine the price paid by the customer. We reserve the right to reject any order that does not comply with our rules, operating procedures and policies.

WEBSITE RESTRICTIONS

As stated above, your eligibility to participate depends on several things including how you promote the products or services. Coach Lacey’s Holistic EduPreneurs reserves the right, in its sole discretion and without explanation to you, to reject your participation in the Coach Lacey’s Holistic EduPreneurs based on site content. For example, Sites that do not qualify for the Coach Lacey’s Holistic EduPreneurs Affiliate Program include, but are not limited to, sites that:

  • -Are X- rated and promote sexually explicit materials
  • -Promote violence and discord.
  • -Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age
  • -Promote anti-health and anti-wellness practices
  • -Promote pseudo-science practices or conspiracy practices in the name of health and wellness
  • -Promote illegal or questionable activities
  • -Violate intellectual property rights or other rights of third parties
  • -Sites that use spyware, malware, or adware
  • -Sites that collect personal information about visitors without their knowledge
  • -Sites that iframe any offer
  • -Sites that impersonate any person or give the impression that the Site is endorsed by any particular person
  • -Sites that are unable to direct reasonable amounts of traffic
  • -Sites that are under construction
  • -Sites that require a login/password, unless approved by us
  • -Sites that contain exit pops or ghost pixel firing
  • -Sites that use fake news stories or are created in a way to resemble a news site (flogs, farticles)
  • -Violate any law of any applicable jurisdiction
  • -Would otherwise bring our Coach Lacey’s Holistic EduPreneurs Affiliate Program into disrepute
  • Failing to disclose our affiliate relationship in accordance with the Federal Trade Commission Endorsement and Advertising Guidelines
  •  

We reserve the sole right to determine whether your website is disqualified from our program due to the above restrictions.

MARKETING

Coach Lacey hereby grants Affiliate Partner, a term based, territory based, revocable right to display, publicly perform and publish Coach Lacey’s trade name, logo or trademark (“Marks”) solely with regard to the promotion of the Lacey Powell Fitness & Dance products and/or services to potential customers.

While in exercise of rights under this license, it shall be the responsibility of Affiliate Partner to ensure that:

  • The Marks are used only to denote the origin and ownership of Coach Lacey products and/or services.
  • It will comply with Coach Lacey’s effective policies (current or updated version thereof) relating to the use of its marks.
  • It shall not materially modify the marketing materials provided by Coach Lacey in any way that causes Affiliate Partner to misrepresent the technical capabilities, features or functions of the Lacey Powell Fitness & Dance products and/or services. It is clarified that Affiliate Partner will not, by virtue of the foregoing license, acquire any right, title or interest in Lacey Powell Fitness and Dance’ Marks or Products and all rights thereto are reserved by Coach Lacey.

FRAUD

You must not under any circumstances engage in fraudulent, unfair, or deceptive practices when participating in our Coach Lacey’s Holistic EduPreneurs . This includes, but is not limited to, the practice commonly known as “cookie stuffing,” offering non-existent incentives as a reward for purchasing items, or any other fraudulent, unfair, or deceptive practice. We reserve the right to determine, in our sole discretion, whether you or your site has utilized any fraudulent method or is engaging in deceptive tactics. We may suspend or terminate your account if we have any reason to believe that you are committing fraud or deceit and at any time, in our sole discretion. If your account is suspended or terminated for fraud you will forgo any rights to compensation both paid, and unpaid.

Confidentiality

Each party (as “Receiving Party”) will use the same degree of care that it uses to protect the confidentiality of its own confidential information of like kind (but not less than reasonable care) to :

  • Not use any Confidential Information of the other party (the “Disclosing Party”) for any purpose outside the scope of this Agreement.
  • Except as otherwise authorized by the Disclosing Party in writing, limit access to Confidential Information of the Disclosing Party to those of its employees and contractors who need that access for purposes consistent with this Agreement and who have signed confidentiality agreements with the Receiving Party containing protections not materially less protective of the Confidential Information than those herein. If Receiving Party is required by law or court order to disclose Confidential Information, then Receiving Party shall, to the extent legally permitted, provide Disclosing Party with advance written notification and cooperate in any effort to obtain confidential treatment of the Confidential Information. The Receiving Party acknowledges that disclosure of Confidential Information would cause substantial harm for which damages alone would not be a sufficient remedy, and therefore that upon any such disclosure by the Receiving Party, the Disclosing Party will be entitled to seek appropriate equitable relief in addition to whatever other remedies it might have at law. To the extent the information shared under this Agreement constitutes personal data as defined under applicable data protection laws, both Affiliate Partner and Coach Lacey will comply with the same. Any personal data of the Affiliate Partner that Coach Lacey may receive shall be processed in accordance with Coach Lacey private policy which is included herein by reference.

SPAM (UCE)

Unsolicited Commercial E-mail – Coach Lacey’s Holistic EduPreneurs in no way participates in mass unsolicited e-mailing (i.e. spamming), and all Affiliates are expected not to do anything that would violate this policy. Violation of this policy will result in the termination of the Agreement and immediate dismissal from the Coach Lacey’s Holistic EduPreneurs Affiliate Program, with no refund or payments made for affiliate commissions earned.

DATA AND INTELECTUAL PROPERTY

Once you are approved, and so long as you remain eligible, you are granted a non-exclusive, revocable, limited non-transferable license to use materials that are provided to you by us or an advertiser for a particular offer. You do not have any intellectual property rights in any of those materials. Furthermore, any data that is collected or generated through your efforts, use, or participation are deemed to be confidential information of our company and become wholly owned by us.

This information is proprietary to us, and is considered a trade secret. You will remain responsible for its accuracy and safeguarding it, which includes not reproducing it or storing it in unsecure locations. You will not disclose any of this data to anyone outside of this Agreement and will notify us within two (2) hours if you believe the data or your site has been compromised. You will be liable to us for any claims, whether brought or threatened, that is connected to the use or misuse of our site or the data.

FORCE MAJEURE

You agree not to hold us liable for any damages related to issues beyond our control, including but not limited to, acts of God, war, terrorism, insurrection, riots, criminal activity, natural disasters, disruption of communications or infrastructure, labor shortages or disruptions (including unlawful strikes), shortages of materials, and any other events which are not within our control

INDEMNITY

You agree to indemnify us for and defend against any actions by third parties related to your participation in our program. For example, if you violate our anti-spam policy, and we get sued as a result of your activity, you must indemnify us for the damages and legal fees that you cause us to incur.

Affiliate shall indemnify and hold harmless Holistic Wellness Coaching Method with Fitness Lacey and its affiliate and subsidiary companies, officers, directors, employees, licensees, successors and assigns, including those licensed or authorized by Holistic Wellness Coaching Method with Fitness Lacey to transmit and distribute materials, from any and all liabilities, damages, fines, judgments, claims, costs, losses, and expenses (including reasonable legal fees and costs) arising out of or related to any and all claims sustained in connection with this Agreement due to the negligence, misrepresentation, failure to disclose, or intentional misconduct of Affiliate.

ELECTRONIC SIGNATURE EFFECTIVE

The Agreement is an electronic contract that sets out the legally binding terms of your participation in the Holistic Wellness Coaching Method with Fitness Lacey affiliate program. You indicate your acceptance of this Agreement and all of the terms and conditions contained or referenced in this Agreement by completing the Holistic Wellness Coaching Method with Fitness Lacey application process. This action creates an electronic signature that has the same legal force and effect as a handwritten signature.

DISCLAIMER

We make no express or implied warranties or representations with respect to the Affiliate Program or your potential to earn income from the Coach Lacey’s Holistic EduPreneurs Affiliate Program. In addition, we make no representation that the operation of our site or the Affiliate Sites will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or down time. We express disclaim all warranties, whether written or oral. We will not be liable for any damages that you, or any third party, may incur as a result of your use or misuse of our site or promotion of any offer or loss of any data. In jurisdictions that limit or do not allow these exclusions our maximum liability will not exceed any amounts paid to you within the previous three (3) payment cycles.

DAMAGES

In no event shall Coach Lacey nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Website; (ii) any conduct or content of any third party on the Website; (iii) any content obtained from the Website;(iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

If, despite the limitation above,  Holistic Wellness Coaching Method with Fitness Lacey is found liable for any loss or damage which arises out of or in any way connected with any of the occurrences described above, then the liability of  Holistic Wellness Coaching Method with Fitness Lacey will in no event exceed the service fees you paid to it in connection with such transaction(s) on this Website.

The limitation of liability reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these Terms of Use is found to have failed of its essential purpose. The limitations of liability provided in these Terms of Use inure to the benefit of Holistic Wellness Coaching Method with Fitness Lacey

MISC.

If any Court strikes down any provision or sentence of this Agreement the rest shall remain intact and in full force and effect.

This Agreement will be governed by the laws applicable in the State of FLORIDA, without reference to rules governing conflicts of laws. Any action relating to this Agreement must be brought in a court of competent jurisdiction located in PENSACOLA, FLORIDA, or if no such court of competent jurisdiction exists in that geographical area, then the next closest court which has jurisdiction to hear the action; you irrevocably consent to the jurisdiction of these and only these courts. The prevailing party in any dispute or legal action will be entitled to its reasonable attorneys fees and costs.

You may not assign your rights or obligations under this Agreement, by operation of law or otherwise, without our prior written consent. We, however, may assign or transfer our rights and obligations under this Agreement to a third party where we believe it appropriate for example, if we sell our business to a third party. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and enforceable against the parties and their respective successors and assigns. Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement.

By submitting this Affiliate Agreement form, you acknowledge that you have read this agreement and agree to all its terms and conditions. You have independently evaluated this program and are not relying on any representation, guarantee, or statement other than as set forth in this agreement.

A. Injunctive Relief:

The Affiliate Partner expressly agrees that Coach Lacey shall be entitled to injunctive and other equitable relief in the event of, or to prevent, a breach of any provision of this Agreement by the Affiliate Partner. Resort to such equitable relief, however, shall not be construed to be a waiver of any other rights or remedies that the Coach Lacey may otherwise have under law.

B. Non-solicitation:

During the Term and one (1) year thereafter, Affiliate Partner shall not, either directly or indirectly engage with a Coach Lacey Employee, Representative, Contractor, or other related personnel outside the scope of this Agreement; or induce a Coach Lacey employee, representative, contractor, or other related personnel to terminate their employment. “Coach Lacey Employee” shall mean and include the Employees, representatives, contractors, consultants, or other related personnel of Coach Lacey, its holding, subsidiaries and affiliates.

C. No Assignment:

Except to its affiliates and/or within group companies, neither Party shall assign any part of this Agreement or its respective rights or obligations under this Agreement without the prior written consent of the other Party (which consent shall not be unreasonably withheld). Subject to the foregoing restrictions, this Agreement will be fully binding upon, inure to the benefit of and be enforceable by the Parties and their respective successors and assigns.

D. Modifications:

From time to time, Coach Lacey may modify this Agreement. Unless otherwise specified by Coach Lacey, changes become effective for Affiliate Partner after the updated version of this Agreement goes into effect.

E. Severability – No Waiver:

If any provision in this Agreement is held by a court of competent jurisdiction to be unenforceable, such provision shall be modified by the court and interpreted so as to best accomplish the original provision to the fullest extent permitted by applicable law, and the remaining provisions of this Agreement shall remain in effect. Delay or non-exercise of any right under or provision of this Agreement by either party does not constitute a waiver of that right or provision of this Agreement.

F. Survival:

Sections relating to Intellectual Property, Marketing, Confidentiality, Indemnification, Limitation of Liability, Governing Law, Survival, Notices, Entire Agreement, regardless of identifying header present or not, will survive any termination of the Agreement. Termination of this Agreement will not limit either party’s liability for obligations accrued as of or prior to such termination or for any breach of this Agreement.

G. Relationship between the Parties:

The Parties are independent contractors. This Agreement does not create a partnership, franchise, joint venture, agency, fiduciary or employment relationship among the Parties.

H. Notices:

All notices to be provided by either Party to the other under this Agreement may be delivered in writing by email or postal delivery service (“Courier”) to the contact mailing address provided by the parties.

I. Entire Agreement:

This Agreement, together with Coach Lacey’ Business Partner Standards of Conduct constitutes the entire agreement and supersede any and all agreements between Coach Lacey and Affiliate Partner with regard to the subject matter hereof.

*Please note that NO COMMISSION is paid on your original purchase of Coach Lacey’s Holistic EduPreneurs . In other words you cannot buy from yourself or be your first purchase for the sole purpose of discounting your own product purchase.

I have read the terms of this agreement and I accept.

Last Updated: January 26, 2024