|Conversion action||Online purchase with processed valid payment|
|Cookie days||45 day(s)|
|Commission type||Percent of Sale|
|Additional terms||Inspired Partners earn a standard commission rate of 10%. We reserve the right to reverse commissions due to returns, order cancellations and erroneous order duplications. We also reserve the right to defer or refuse commissions for disputed orders or orders we reject and cannot fulfill.|
INSPIRED PARTNERS PROGRAM
Our mission is to grow and inspire our community in discovering an active and healthy lifestyle. We are finding that staying balanced physically, mentally, emotionally and spiritually leads us on a path of defining our inspiration and living our dreams. We want to partner with you to spread our message, share with you what works for us in staying balanced, share daily inspiration, have fun, and hopefully you all can wear and feel your best in DYI clothing!
We launched our Kids line, and our Men’s Collection will be coming soon. DYI is not just an activewear brand, we are a lifestyle brand. We intend to create apparel of the highest quality and comfort to move you throughout your day.
Once Approved, we will send you more details on our partnership. We will be scheduling live stream classes, partner events, fashion fun, kids crafts, and more with all of our INSPIRED PARTNERS!
DYI | Inspired Partner Commission Agreement
This Commission Agreement (hereinafter referred to as the “Agreement”) is entered into as of today, by and between DEFINE YOUR INSPIRATION (“DYI”), with a mailing address of 620 W 6th Street Houston TX 77007, (hereinafter referred to as the “Company”) and INSPIRED PARTNER (hereinafter referred to as the “Affiliate”), collectively referred to as the “Parties”, both of whom agree to be bound by this Agreement.
1. Services. The Affiliate agrees to perform the following services for the company:
Upon acceptance and execution of the “DYI Inspired Partners Contract”, the Affiliate will prompt and promote e-commerce sales of the Company’s products and services with a special discount code (hereinafter referred to as the “Coupon Code”). The Coupon Code will be used to identify, track, and determine commission of net sales from the Affiliates sales via The Company’s website. The Affiliate is to share the Coupon Code, promote the Coupon Code, and encourage audiences to utilize the Coupon Code for The Company’s products and services for 30-day periods at a time.
2. Fees. The Parties agree that the Affiliate shall be compensated as follows:
The Company is hereby agreeing to provide a 10% Commission of net sales from the Affiliates Coupon Code. The Company is obligated to track and provide commission payout, within 45-days of the introductory month’s sales, and thereafter, upon 30-days of the beginning of each month. The Company is not obligated to pay commissions to Affiliates when the Affiliates Coupon Code is without sales within any 30-day period.
The Company will payout
Amount Due at Signing: $0.00
Amount Due at Termination: $0.00
3. Commission Eligibility.
Upon execution of this agreement, the Company will provide the Affiliate a unique Coupon Code. Affiliates are eligible for commissions of net sales only once their Coupon Code has acquired net sales of $250 or more. Any sales prior to $250 of net sales are not eligible for commission and payout is not obliged from The Company. Sales from a previous month are not eligible to be applied to a upcoming month’s sales and will not count towards commission. Net Sales are calculated based on the Company’s 30-day calendar month.
3. Term. This Agreement shall commence upon ____________________, as stated above, and will continue until one year(s) from execution.
4. Company Clause. The Company shall be entitled to offer discounts in the form of Coupon Codes which may be in greater value than those given to Affiliates. The Company shall not be responsible for potential lost opportunities to such Affiliate Coupon Code usage and is hereby expressly not in obligation to make up or payout commissions on such instances. The Company shall be at the discretion of the Company to offer, promote, utilize and revoke its own Coupon Codes without authorization or clearance from Affiliates. Affiliates are at-will to promote their Coupon Codes, regardless of potential promotions or opportunities provided by The Company.
5. Confidentiality. During the course of this Agreement, it may be necessary for the Company to share proprietary information, including trade secrets, industry knowledge, and other confidential information, with the Affiliate in order for the Affiliate to conduct their services. The Affiliate will not share any of this proprietary information at any time. The Affiliate will also not use any of this proprietary information for their personal benefit at any time. This section remains in full force and effect even after termination of the Agreement by it’s natural termination or the early termination by either party.
6. Relationship of the Parties. The Affiliate is an independent contractor. Neither Party is an agent, representative, partner, or employee of the other Party. The Parties
understand this Agreement is not an exclusive arrangement. The Parties agree that they are free to enter into other similar agreements with other parties. The Affiliate agrees that they will not enter into any agreements that conflict with their obligations under this Agreement.
7. Intellectual Property. The Affiliate shall retain all rights to pre-existing ideas, processes, procedures, and materials used by the Affiliate in developing or providing products and/or services to the Company. The Affiliate warrants that the Intellectual Property and products the Affiliate will produce, shall be original and shall not infringe any third party’s patents, trademarks, trade secrets, copyrights or other proprietary rights. The Affiliate shall obtain all authorizations necessary as are required by the Company to allow the Company to fully exploit the Intellectual property and products produced by the Affiliate.
8. Termination. The Company reserves the right to terminate this agreement at any time for any reason. Should the Company decide to terminate the Agreement, the Affiliate will be notified immediately. Upon termination, the Company shall pay to the Affiliate all compensation due and owing for marketing made prior to the date of termination that was not yet paid, within 30-days of contract termination notice.
Upon termination of this agreement, the Affiliate shall remove any public affiliation with the Company and seize to affiliate themselves as a part, or with The Company for any reason that is not agreed upon or executed prior.
9. Representations and Warranties. Both Parties represent that they are fully authorized to enter into this Agreement. The performance and obligations of either Party will not violate or infringe upon the rights of any third-party or violate any other agreement between the Parties, individually, and any other person, organization, or business or any law or governmental regulation.
10. Indemnity. The Parties each agree to indemnify and hold harmless the other Party, its respective affiliates, officers, agents, employees, and permitted successors and assigns against any and all claims, losses, damages, liabilities, penalties, punitive damages, expenses, reasonable legal fees and costs of any kind or amount whatsoever, which result from the negligence of or breach of this Agreement by the indemnifying party, its respective successors and assigns that occurs in connection with this Agreement. This section remains in full force and effect even after termination of the Agreement by its natural termination or the early termination by either party.
11. Limitation of Liability. Under no circumstances shall either Party be liable to the other Party or any Third Party for any damages resulting from any part of this agreement such as, but not limited to, loss of revenue or anticipated profit or lost business, costs of
delay or failure of delivery, which are not related to or the direct result of a Party’s negligence or breach.
12. Severability. In the event that any provision of this Agreement is deemed invalid or unenforceable, in whole or in part, that part shall be severed from the remainder of the Agreement and all other provisions should continue in full force and effect as valid and enforceable.
13. Legal Fees. In the event of a dispute resulting in legal action, the successful party will be entitled to its legal fees, including, but not limited to its attorneys’ fees, collection fees and the like.
14. Legal and Binding Agreement. This Agreement is legal and binding between the Parties as stated above. The Parties each represent that they have the authority to enter into this Agreement.
15. Entire Agreement. The Parties acknowledge and agree that this Agreement represents the entire agreement between the Parties. In the event that the Parties desire to change, add, or otherwise modify any terms, they shall do so in writing to be signed by both Parties.
The Parties agree to the terms and conditions set forth above as demonstrated by applying.
1. Disclosing Party, (the Disclosing Party); and
2. Receiving Party, (the Receiving Party),
Collectively referred to as the Parties.
A. The Receiving Party understands that the Disclosing Party has disclosed or may disclose information relating to source code, product designs, art, and other related concepts, which to the extent previously, presently, or subsequently disclosed to the Receiving Party is hereinafter referred to as Proprietary Information of the Disclosing Party.
1. In consideration of the disclosure of Proprietary Information by the Disclosing Party, the Receiving Party hereby agrees: (i) to hold the Proprietary Information in strict confidence and to take all reasonable precautions to protect such Proprietary Information (including, without limitation, all precautions the Receiving Party employs with respect to its own confidential materials), (ii) not to disclose any such Proprietary Information or any information derived therefrom to any third person, (iii) not to make any use whatsoever at any time of such Proprietary Information except to evaluate internally its relationship with the Disclosing Party, and (iv) not to copy or reverse engineer any such Proprietary Information. The Receiving Party shall procure that its employees, agents and sub-contractors to whom Proprietary Information is disclosed or who have access to Proprietary Information sign a nondisclosure or similar agreement in content substantially similar to this Agreement.
2. Without granting any right or license, the Disclosing Party agrees that the foregoing shall not apply with respect to any information after five years following the disclosure thereof or any information that the Receiving Party can document (i) is or becomes (through no improper action or inaction by the Receiving Party or any affiliate, agent, consultant or employee) generally available to the public, or (ii) was in its possession or known by it prior to receipt from the Disclosing Party as evidenced in writing, except to the extent that such information was unlawfully appropriated, or (iii) was rightfully disclosed to it by a third party, or (iv) was independently developed without use of any Proprietary Information of the Disclosing Party. The Receiving Party may make disclosures required by law or court order provided the Receiving Party uses diligent reasonable efforts to limit disclosure and has allowed the Disclosing Party to seek a protective order.
3. Immediately upon the written request by the Disclosing Party at any time, the Receiving Party will return to the Disclosing Party all Proprietary Information and all documents or media containing any such Proprietary Information and any and all copies or extracts thereof, save that where such Proprietary Information is a form incapable of return or has been copied or transcribed into another document, it shall be destroyed or erased, as appropriate.
4. The Receiving Party understands that nothing herein (i) requires the disclosure of any Proprietary Information or (ii) requires the Disclosing Party to proceed with any transaction or relationship.
5. The Receiving Party further acknowledges and agrees that no representation or warranty, express or implied, is or will be made, and no responsibility or liability is or will be accepted by the Disclosing Party, or by any of its respective directors, officers, employees, agents or advisers, as to, or in relation to, the accuracy of completeness of any Proprietary Information made available to the Receiving Party or its advisers; it is responsible for making its own evaluation of such Proprietary Information.
6. The failure of either party to enforce its rights under this Agreement at any time for any period shall not be construed as a waiver of such rights. If any part, term or provision of this Agreement is held to be illegal or unenforceable neither the validity, nor enforceability of the remainder of this Agreement shall be affected. Neither Party shall assign or transfer all or any part of its rights under this Agreement without the consent of the other Party. This Agreement may not be amended for any other reason without the prior written agreement of both Parties. This Agreement constitutes the entire understanding between the Parties relating to the subject matter hereof unless any representation or warranty made about this Agreement was made fraudulently and, save as may be expressly referred to or referenced herein, supersedes all prior representations, writings, negotiations or understandings with respect hereto.
7. This Agreement shall be governed by the laws of the jurisdiction in which the Disclosing Party is located (or if the Disclosing Party is based in more than one country, the country in which its headquarters are located) (the Territory) and the parties agree to submit disputes arising out of or in connection with this Agreement to the non-exclusive of the courts in the Territory.