Affiliate Agreement

We value our professional relationships with all our Affiliates and choose to engage in such relationships based on aligned values and high standards of ethics.

The rules and regulations outlined in this Agreement are stipulated to be sure that the Affiliate relationship is a positive one in all ways, for our Affiliates, for the users, customers, audiences and communities we serve, and for BernadetteLogue.com.

If you are an approved Affiliate – please take the time to read the entire Affiliate Agreement and to comply in all ways with it. This is a legal agreement between yourself and BernadetteLogue.com.

By signing up to and participating in the BernadetteLogue.com Affiliate Program you are, by doing so, agreeing that you have read, understood and accepted all terms and conditions outlined in this Affiliate Agreement, and you are agreeing to be legally responsible for all aspects of this Agreement.

If you would like to become an Affiliate – we currently accept new Affiliates by invitation or referral only. However, to express your interest in becoming an Affiliate in future, you are welcome to contact us at [email protected]

Last Updated: 11 December 2022

1. Overview

This Agreement contains the complete terms and conditions that apply to you as an Affiliate in BernadetteLogue.com’s Affiliate Program. The purpose of this Agreement is to allow HTML linking between your website, emails or social media posts and BernadetteLogue.com website at the URL https://www.bernadettelogue.com and its subdomains. Please note that throughout this Agreement, “we,” “us,” and “our” refers to BernadetteLogue.com (ABBH Limited trading as BernadetteLogue.com), and “you,” “your,” and “yours” refer to the Affiliate, “the Program” refers to BernadetteLogue.com Affiliate Program, and “Agreement” refers to this BernadetteLogue.com Affiliate Agreement. Any reference to BernadetteLogue.com website and website URL includes all subdomains of it.

2. Affiliate Obligations

2.1. To be accepted as an Affiliate to the Program, you will sign up and complete registration via our online affiliate system Thrivecart. Your application to join the Program may be manually reviewed before being approved. You may be asked during that manual review to supply information regarding your intended method of affiliate promotion (e.g. use of your own website, email list and/or social media), your website URL, and/or general information about yourself. The information requested is solely for the purpose of assessing your alignment to BernadetteLogue.com values, brand, products and industry. You will receive a response to your application approximately 24-48 hours after submission, confirming if you have been accepted to the Program. We may decline your application at our sole discretion. We may cancel your participation in the Program at any time at our sole discretion, including but not limited to, if we determine that your website, email promotion, social media posting or advertising is unsuitable for our Program, due to, but not limited to:

2.1.1. Promotes sexually explicit materials

2.1.2. Promotes violence

2.1.3. Promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age

2.1.4. Promotes illegal activities

2.1.5. Incorporates any materials which infringe or assist others to infringe on any copyright, trademark or other intellectual property rights or to violate the law

2.1.6. Includes “BernadetteLogue.com”, “Bernadette Logue” or any of our product names, or variations or misspellings thereof in its domain name

2.1.7. Is otherwise in any way unlawful, harmful, threatening, defamatory, obscene, harassing, or racially, ethnically or otherwise objectionable to us in our sole discretion.

2.1.8. Contains software downloads that potentially enable diversions of commission from other Affiliates in our Program.

2.2. You may not create or design your website or any other website that you operate, explicitly or implied in a manner which resembles our website nor design your website in a manner which leads customers to believe you are BernadetteLogue.com or any other affiliated business.

2.3. You may not present yourself to anyone, in any way, as a representative of BernadetteLogue.com.

2.4. As a member of the Program, you will have access to an online Affiliate Dashboard via our shopping cart and payment processing system, ‘Thrivecart'. Here you will be able to review our Affiliate product information, access your Affiliate links and promotional material. We may, at our sole discretion, choose from time to time to also supply you with promotional images, videos and text to support the promotion of our Affiliate products. In order for us to accurately keep track of all user visits from your website, emails or social media posts to our website, you must use the exact unique Affiliate link that we provide for you inside your Affiliate Dashboard. You are solely responsible for ensuring your Affiliate links are used correctly, and for the maintenance and functionality of your Affiliate links.

2.5. BernadetteLogue.com reserves the right, at any time, to review and/or approve your placement of links, images or text, and reserves the right to require that you change the placement or use, in order to comply with the guidelines provided to you.

2.6. All content found on the BernadetteLogue.com website, which is not specifically designated for Affiliate use as outlined in your Affiliate Dashboard, may not be used by you in any way, and such content is subject to copyright. This includes, but is not limited to, BernadetteLogue.com logos, photos, branding, materials, text and other resources found on the BernadetteLogue.com website. You may use the designated Affiliate links and promotional material provided in your Affiliate Dashboard only, and solely for the purpose of the Affiliate program. If for any reason you discontinue your participation in this Program, you will immediately cease using any Affiliate material, links, images or text provided to you by BernadetteLogue.com and you agree to immediately remove all such from your website and files.

2.7. You may only utilize your affiliate links and promotional material on the specific website/s you designated when signing up to the Program. If you wish to apply the Affiliate links to any other website, you must contact BernadetteLogue.com by email to [email protected] advising the website you wish to include, and it will then be reviewed for suitability to be included in the Program.

2.8. You may not modify in any way the Affiliate links, materials or images supplied to you as part of the program. You may modify promotional text supplied to you for use in email and social media promotion, in order to personalize it to your style and audience, and we ask that you do so in a way that is professional and appropriate.

2.9. All maintenance and expenses for marketing, promotion, advertising and management of your participation in BernadetteLogue.com Affiliate Program, including updating of your website, will be your sole and full responsibility. You agree to hold BernadetteLogue.com harmless in all such respects. We may monitor your website as we feel necessary to make sure that it is up-to-date and to notify you of any changes to ensure compliance with the Program terms outlined in this agreement, or to help you enhance your promotional activities.

2.10. It is entirely your responsibility to follow all applicable intellectual property and other laws that pertain to your website, email content, social media posts and/or advertising. You must have express permission to use any person's copyrighted material, whether it be writing, an image, or any other copyrightable work. We will not be responsible (and you will be solely responsible) if you use another person's copyrighted material or other intellectual property in violation of the law or any third party rights. You hold BernadetteLogue.com harmless and indemnify BernadetteLogue.com from any and all claims, suits, demands, liabilities and actions related in any way to your websites or any other website, forum, posting online or email that you have made.

2.11. As an affiliate, when you share about our resources, products and services (in any format, including but not limited to, via email communication, websites, social media or any other mode of communication), you must divulge clearly that you are an affiliate and might receive financial compensation, following the FTC guidelines.

2.12. By entering this Agreement, you warrant to BernadetteLogue.com that all your past, current and intended future activity on your website, other websites, online forums, online postings, promotion, marketing, advertising and emails have been, are and intend to be legal and appropriate, as well as meeting the specific affiliate requirements for Promotion Restrictions (Clause 8) of this Agreement. You take full responsibility for ensuring that all your activity as an Affiliate in the Program is compliant with all relevant legislation concerning trade, commerce, consumer rights, consumer protection, advertising, email use and email marketing.

3. BernadetteLogue.com Rights and Obligations

3.1. We have the right to monitor your site at any time to determine if you are following the terms and conditions of this Agreement. We may notify you of any changes to your website that we feel should be made, or to make sure that your links to our website are appropriate and to notify you further of any changes that we feel should be made. If you do not make the changes to your website that we feel are necessary, we reserve the right to terminate your participation in the Program.

3.2. We reserve the right to terminate this Agreement and your participation in the Program immediately and without notice to you should you commit fraud in your use of the BernadetteLogue.com Affiliate Program or should you abuse this Program in any way. If such fraud or abuse is detected, BernadetteLogue.com shall not be liable to you for any commissions for such fraudulent sales.

3.3. Your acceptance of this Agreement in no way shall be deemed to be a representation or warranty from BernadetteLogue.com regarding potential income that may result from your participation in the Program. BernadetteLogue.com expressly disclaims all warranties regarding earning potential.

3.4. This Agreement will begin upon our approval of your registration as an Affiliate in the Program and your access to our online Affiliate system, and will continue unless terminated hereunder.

3.5. All users who purchase through the BernadetteLogue.com website, irrespective of whether they have arrived on site via a link provided by you on your website, email, social media or advertising, are deemed to be BernadetteLogue.com customers and not your customers relative to our products and services. We will have the right to communicate with these users, to send future promotions and communication to them.

3.6. We will be responsible for managing all customer matters including enquiries, registrations, sales, billing, payment follow up, product and service delivery, and high quality customer service to all users that arrive at our website through your Affiliate links. We reserve the right at any time to add, edit, terminate or modify any of our products, services, processes, procedures, terms, conditions, customer management, pricing or any other aspect of our business, at our sole discretion and without prior notice to you or anyone arriving to our website through your Affiliate links.

3.7. We will track all customer sales using Thrivecart's online Affiliate tracking system and provide relevant details of all purchases processed with your Affiliate link inside your online Affiliate Dashboard on the Thrivecart website, showing the commissions owing. By entering this Agreement, you agree that all such tracking and reporting shall be un-audited. We are under no obligation to provide you private customer specific details associated with sales through your Affiliate link.

3.8. We are not responsible for failure to associate any sale or commission to you if this results from incorrect Affiliate links (incorrect formatting, linking or use of Affiliate program material of any description). You are solely responsible for ensuring your Affiliate links are accurate and correctly used.

3.9. By joining the Affiliate Program, you agree to receive regular email communication from BernadetteLogue.com. If at any time you do not wish to receive these emails, you acknowledge you have the ability to unsubscribe immediately by clicking the unsubscribe link provided at the bottom of every email or by emailing an unsubscribe request to [email protected].

4. Termination

4.1. Either you or we may end this Agreement at any time, with or without cause, by giving the other party written notice. Written notice from you to BernadetteLogue.com must be in the form of email to [email protected]. Written notice from BernadetteLogue.com to you will be in the form of email to the email address you designated in your Affiliate account in Thrivecart. In addition, this Agreement will terminate immediately upon any breach of this Agreement by you.

4.2. If this Agreement is terminated due to your failure to comply with the terms of this Agreement or any policy, procedure, rules or requirements of the program, you will forfeit your rights to receive past commissions that may have accrued in your Affiliate account.

4.3. If this Agreement is terminated by you or by us for any other reason, you have the right to receive your accrued commissions up to the date of termination of the Agreement, provided that your commission balance meets a $100 USD minimum balance payout threshold. If your balance does not meet or exceed this $100 USD threshold, the commission shall be forfeited. We have the right to withhold final commission payments for sufficient time to ensure that any amount paid to you is accurate and not subject to later changes due to customer refunds or other unforeseen reasons. If following final payment, we determine that the final commission payment was too high due to arising customer refunds or other adjustments, the difference shall be an amount owing from you to BernadetteLogue.com, to be processed via Paypal transaction to BernadetteLogue.com Paypal account.

5. Modification

We may modify any of the terms and conditions in this Agreement at any time at our sole discretion. In such event, you will be notified by either email (to the email address you provided in your Affiliate account in Thrivecart) or by posting of updated information inside your Affiliate Dashboard, or by updating this Agreement. Modifications may include, but are not limited to, changes in the terms, conditions, processes, procedures, rules, commissions, product and service inclusions and exclusions, and payment procedures. If any modification is unacceptable to you, your only option is to end this Agreement. Your continued participation in the Program following the posting of the change notice or new Agreement on our website will indicate your agreement to the changes.

6. Commissions & Payments

6.1. Commissions will paid to you based on a percentage of sales from purchases made by users who access our website via your Affiliate links on your website, emails, social media posts or advertising. Commission rates are outlined in Schedule A to this Agreement. We reserve the right to change commission rates at any time without notice, at our sole discretion. Modifications to commission rates will be notified to you by email (to the email address provided by you in your Affiliate account in Thrivecart) or by posting an update in the Affiliate Dashboard, or by updating this Agreement. You are solely responsible for checking your Affiliate Dashboard on a regular basis to ensure you remain up to date with any Program changes.

6.2. Commissions are calculated based on gross sales, but do not include any postage costs, sales taxes, late charges, duties or other payments made to BernadetteLogue.com that are not specifically the purchase price for the product or service that is purchased.

6.3. Commissions will not be calculated or paid for sales amounts that are linked to fraudulent activity, bad debt write-offs or refunds given to customers.

6.4. We reserve the right to adjust subsequent months for any commission that we have paid to you for a product or service that is later returned or refunded, or for any other reason if commissions have been overpaid or later adjusted and reduced.

6.5. The Affiliate Program shall only include the products and services that we shall specifically state as being included. Such included products and services, and any specific exclusions, are outlined in Schedule A to this agreement. Included products and services will be specifically outlined in your Affiliate Dashboard under the products list. Where any contradiction arises regarding what is included or excluded, precedence is given to the details provided in your Affiliate Dashboard inside Thrivecart which is updated regularly. We reserve the right to change the inclusions and exclusions at any time without notice. Modifications to products and services included and excluded from the program will be notified to you by email (to the email address provided by you in the Affiliate Program Application Form in Thrivecart) or by posting an update in your Affiliate Dashboard inside Thrivecart or by updating this Agreement.

6.6. Commissions will only be paid on sales that are tracked through Thrivecart's online Affiliate tracking system and which indicate your Affiliate link as the source. This association of a user to your Affiliate link and the tracking of it remains valid for 90 days from the original referral of a user via your Affiliate link to our website www.bernadettelogue.com.

6.7. You will have no right to commissions on subsequent purchases that are made on www.bernadettelogue.com by a user beyond the 90 day limit aforementioned in Clause 6.6, even if the customer first arrived at our website through your Affiliate link within the 90 days but made no purchase or made an initial purchase, except for purchases that may be traced at the time of purchase as directly coming from an Affiliate link on your website, email, social media or advertising at that time.

6.8 Where a customer is referred to www.bernadettelogue.com by multiple affiliates, any purchases made by that customer will be attributed to the first Affiliate referral link.

6.9. Commissions will not be attributed to your Affiliate account unless a transaction has been fully completed i.e. payment of money has actually been made by the customer to BernadetteLogue.com via our shopping cart and payment processing provider, Thrivecart. If a customer partially completes a transaction, by filling in a purchase registration form via Thrivecart, but does not follow through to complete the transaction by making payment, then no commission is attributable to your Affiliate account. Such incomplete transactions (i.e. no payment of money made by the customer to BernadetteLogue.com) will show in the reporting in your Affiliate account inside Thrivecart.

6.10. Only purchases that are made online via our shopping cart provider, Thrivecart, will be considered part of the Affiliate program and calculated in your commission payments. If a user is referred by you to our website and later purchases something manually from BernadetteLogue.com via email or telephone, this will not be tracked or included in the Affiliate program or commission calculations.

6.11. Where a customer selects a recurring subscription or a payment plan option when purchasing a product or service, Affiliate commission is applicable for all payments made in their subscription/payment plan. However, this is subject to individual product commission rates as specified inside your Affiliate Dashboard in Thrivecart.

6.12. All customers and purchases will be subject to our policies, procedures, rules and regulations and you have no right or authority to amend or offer any different offers regarding the purchase of products or services from BernadetteLogue.com website. We, however, reserve the right to amend any of our terms, conditions, policies, procedures, pricing, payment policies, collection policies, and all other items relative to the operation of our business and the sale of products and services at any time, in our sole discretion.

6.13. Commissions shall be paid approximately 30 days after the sale transaction date. We do not guarantee an exact date for commission calculations or payment. Commission payouts may be subject to a $100 USD minimum commission balance. Where commissions do not meet the minimum balance for payout, commissions will remain accrued in your Affiliate account until such time as your commission balance meets the $100 USD threshold, at which point your commissions will be paid out, subject to the above requirements. BernadetteLogue.com reserves the right to change the minimum commission payment amount at any time and the payment date. Any modification of commission terms will be notified to you by email (to the email address provided by you in your Affiliate account in Thrivecart) or posted as an update in the Affiliate Dashboard in Thrivecart.

6.14. Commissions will be paid via Paypal, to the exact Paypal email address you provided in your Affiliate account inside Thrivecart. It is your sole responsibility to ensure your Paypal account is correctly connected in your Affiliate account in Thrivecart.

7. Access to Your Online Affiliate Account

Upon acceptance into the program, you will be emailed details to access your online Affiliate account (this email will be sent to the email address provided in your Affiliate Program application/sign-up form). This email will contain a username and password information to access your online Affiliate Dashboard/account inside the Thrivecart website. When logged into your Affiliate account, you will be able to view the products available to promote, your Affiliate links, your sales and commission calculations. It is your sole responsibility to proactively login to your Affiliate account to check these details and self-manage your participation in the Program.

8. Promotion Restrictions

8.1. Regarding the promotion of your own websites, naturally any promotion that mentions BernadetteLogue.com could be perceived by the public or the press as a joint effort and it is your sole responsibility to ensure that you do not in any way indicate you are part of or a representative of BernadetteLogue.com.

8.2. We expressly state that certain forms of advertising, marketing and promotion are always strictly prohibited by BernadetteLogue.com and will not be tolerated in our Affiliate Program. For example, advertising commonly referred to as “spamming” is completely unacceptable to us and could cause damage to our brand. In addition, 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 emails to promote BernadetteLogue.com so long as the recipient is already a customer or subscriber of your services or website, and recipients have the option to remove themselves from future mailings. Also, you may post to forums and newsgroups to promote BernadetteLogue.com so long as those forums and newsgroups specifically welcome commercial messages and promotional posts. At all times, you must clearly represent yourself and your own websites as completely independent from BernadetteLogue.com. If it comes to our attention that you are spamming, or in any way leading people to believe you are part of or a representative of BernadetteLogue.com, we will consider that cause for immediate termination of this Agreement and your participation in the Program. Any pending balances owed to you will not be paid if your account is terminated due to such unacceptable advertising or solicitation.

8.3. Affiliates that use keywords, or exclusively bid in their Pay-Per-Click campaigns on keywords, directly linked to the name “BernadetteLogue.com”, or “Bernadette Logue” or names of our products and brands and/or any misspellings or similar alterations of these – be it separately or in combination with other keywords – and do not direct the traffic from such campaigns to their own website prior to re-directing it to ours, will be considered trademark violators, and will be banned from the program. We will do everything possible to contact the affiliate prior to the ban. However, we reserve the right to expel any affiliate from our Program without prior notice.

8.4. Affiliates 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 BernadetteLogue.com’s website (i.e. no page from our website or any of our content or branding is visible on the end-user’s screen). As used herein a. “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, pop ups, commission tracking cookies to be put in place or other commission tracking cookies to be overwritten where a user would under normal circumstances have arrived at the same destination through the results given by the search (search engines being, but not limited to, Google, MSN, Yahoo, Overture, AltaVista, Hotbot and similar search or directory engines); (c) set commission tracking cookies through loading of BernadetteLogue.com site in iFrames, hidden links and automatic pop ups that open BernadetteLogue.com’s site; (d) targets text on web sites, other than those web sites 100% owned by the application owner, for the purpose of contextual marketing; (e) removes, replaces or blocks the visibility of Affiliate banners with any other banners, other than those that are on web sites 100% owned by the owner of the application.

9. Grant of Licenses

9.1. We grant to you a non-exclusive, non-transferable, revocable right to (i) access our website through HTML links solely in accordance with the terms of this Agreement and (ii) solely in connection with such links, to use only any BernadetteLogue.com branding materials such as images and text (collectively, the “Licensed Materials”) that we specifically may choose to authorize for such purpose and provide to you from time to time. You are only entitled to use the Licensed Materials specifically provided inside the your Affiliate Dashboard, and to the extent that you are a member in good standing of BernadetteLogue.com Affiliate Program. You may not under any circumstance copy images, text or other material from BernadetteLogue.com’s website for use on your website, any other website or in any emails. You agree that all uses of the Licensed Materials will be on behalf of BernadetteLogue.com and the good will associated therewith will inure to the sole benefit of BernadetteLogue.com. You agree not to use any affiliate material provided to you, including Licensed Materials, in a way to that is inappropriate, illegal, defamatory, unethical, or that in its quality of presentation to the public reflects poorly upon our brand.

9.2. Each party agrees not to use the other's proprietary materials in any manner that is disparaging, misleading, obscene or that otherwise portrays the party in a negative light. Each party reserves all of its respective rights in the proprietary materials covered by this license. Other than the license granted in this Agreement, each party retains all right, title, and interest to its respective rights and no right, title, or interest is transferred to the other.

10. Disclaimer

BERNADETTELOGUE.COM MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES REGARDING OUR PRODUCTS, SERVICES AND WEB SITE OR ANY MATERIAL PROVIDED THEREIN, ANY IMPLIED WARRANTIES OF BERNADETTELOGUE.COM ABILITY, BERNADETTELOGUE.COM FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT ARE EXPRESSLY DISCLAIMED AND EXCLUDED. IN ADDITION, WE MAKE NO REPRESENTATION THAT THE OPERATION OF OUR WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE, AND WE WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS. FURTHERMORE, WE CANNOT GUARANTEE THE AVAILABILITY OF OUR SERVICES OR PRODUCTS, NOR THE TERMS OF ANY PRICING, PROMOTION OF OFFER.

11. Representations and Warranties

You represent and warrant that:

11.1. This Agreement has been duly and validly executed and delivered by you and constitutes your legal, valid, and binding obligation, enforceable against you in accordance with its terms;

11.2. You have the full right, power, and authority to enter into and be bound by the terms and conditions of this Agreement and to perform your obligations under this Agreement, without the approval or consent of any other party;

11.3. You have sufficient right, title, and interest in and to the rights granted to us in this Agreement.

12. Limitations of Liability

WE WILL NOT BE LIABLE TO YOU WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE OR GOODWILL OR ANTICIPATED PROFITS OR LOST BUSINESS), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT, IN NO EVENT SHALL BERNADETTELOGUE.COM'S CUMULATIVE LIABILITY TO YOU ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER BASED IN CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT OR OTHER LEGAL OR EQUITABLE THEORY, EXCEED THE TOTAL COMMISSION FEES PAID TO YOU UNDER THIS AGREEMENT.

13. Indemnification

You hereby agree to indemnify and hold harmless BernadetteLogue.com (ABBH Limited trading as BernadetteLogue.com), and its parents, subsidiaries and affiliates, and their directors, officers, representatives, employees, agents, shareholders, partners, members, and other owners, against any and all claims, actions, demands, liabilities, losses, damages, judgments, settlements, costs, and expenses (including reasonable attorneys' fees) (any or all of the foregoing hereinafter referred to as “Losses”) insofar as such Losses (or actions in respect thereof) arise out of or are based on (i) any claim that our use of the affiliate trademarks infringes on any trademark, trade name, service mark, copyright, license, intellectual property, or other proprietary right of any third party, (ii) any misrepresentation of a representation or warranty or breach of a covenant and agreement made by you herein, or (iii) any claim related to your site, including, without limitation, content therein not attributable to us.

14. Confidentiality

14.1. All confidential information, including, but not limited to, any business, technical, financial, and customer information, disclosed by one party to the other during negotiation or the effective term of this Agreement which is marked “Confidential,” will remain the sole property of the disclosing party, and each party will keep in confidence and not use or disclose such proprietary information of the other party without express written permission of the disclosing party.

14.2. We reserve the right to withhold customer names associated with any sales made through your affiliate links, for confidentiality purposes to protect individual customer privacy. Relevant details of sales made through your Affiliate links will be made available in your Affiliate account in Thrivecart for you to view, and the relevancy of details provided in this regard is at the sole discretion of BernadetteLogue.com.

15. Miscellaneous

15.1. You agree that you are an independent contractor, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between you and BernadetteLogue.com. As such, you are solely responsible for your own accounting, tax reporting and tax obligations.

15.2 As you are an independent contractor, and nothing in this Agreement creates any partnership, joint venture, agency, franchise, sales representative, or employment relationship between you and BernadetteLogue.com, you agree you have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on your website, or any other website, or in any email, social media post, advertisement or otherwise, that reasonably would contradict anything in this section.

15.2. Neither party may assign its rights or obligations under this Agreement to any party.

15.3. This Agreement shall be governed by and interpreted in accordance with the laws of New Zealand without regard to the conflicts of laws and principles thereof.

15.4. You may not amend or waive any provision of this Agreement unless in writing and signed by both parties.

15.5. This Agreement represents the entire agreement between us and you, and shall supersede all prior agreements and communications of the parties, oral or written.

15.6. The headings and titles contained in this Agreement are included for convenience only, and shall not limit or otherwise affect the terms of this Agreement.

15.7. If any provision of this Agreement is held to be invalid or unenforceable, that provision shall be eliminated or limited to the minimum extent necessary such that the intent of the parties is effectuated, and the remainder of this agreement shall have full force and effect.

SCHEDULE A – INCLUSIONS/EXCLUSIONS & COMMISSION RATE STRUCTURE

A.1 Inclusions

Products & Services included in the BernadetteLogue.com Affiliate Program are:

  • Online Programs (on-demand and live) – see your Affiliate Dashboard for which programs are included.
  • eBooks sold directly on BernadetteLogue.com

PLEASE NOTE: if a customer buys private one-on-one coaching/mentoring, including but not limited to,  as an add-on to a purchase of a product/service listed above, all private one-on-one coaching/mentoring sessions/packages are expressly excluded from the Affiliate Program (see below). 

A.2 Exclusions

Products & Services expressly excluded from BernadetteLogue.com Affiliate Program are:

  • All Physical Products in BernadetteLogue.com online shop
  • All Live Coaching/Mentoring Sessions/Packages with Bernadette Logue (whether One-to-One or Group)
  • All eBooks and Paperback books sold via 3rd party websites (e.g. Amazon).

A.3 Commission Structure

The commission rate varies for each included product and service. View the individual product listings in the Thrivecart for applicable commission rates for each individual product you have permission to promote as an affiliate.

Any variation on this commission structure is only valid when documented in writing as a contract between BernadetteLogue.com and that affiliate. Such a contractual agreement, outlining a different commission structure, shall take precedence over this clause A.3 of the Affiliate Agreement, for the duration of the contract.