ABOUT:
The Self Esteem Doctor is a leader in cultivating self-esteem in kids, teens and adults. The division of The Self Esteem Doctor that focuses on online classes, courses and lessons is called The Self Esteem Doctor Academy. The Affiliate program is specifically designed to issue commissions for ONE (1) course within the academy; it's called the Easy Self Esteem Builder for Kids (Segment One). Videos, demos, games and additional resources are provided to help students and families practice the mindset needed for healthy self-esteem, positive attitude and improved behaviors. The goal is to work together with affiliates to spread these resources to children and families across the globe.
HOW DOES IT WORK:
After your acceptance into our program, you will have access to some creatives to begin promoting The Self Esteem Doctor's "Easy Self Esteem Builder for Kids (Segment One)." You are also welcome to create your own images, as long as they are appropriate and representative of our family friendly, positive image. When your reader/follower clicks on the image/banner, a tracking cookie is placed on their device. When your reader/follower makes a purchase, the sale is automatically recorded and your account is credited for a commission.
NOTE:
Our affiliates are very important to us. We have created an affiliates program that we believe will generate great commissions for you. The Affiliate Terms and Conditions of Sale has been created to protect you as well as protect The Self Esteem Doctor, the academy and our intellectual property. So please bear with us as we take you through this legal formality.
If you have any questions, please don’t hesitate to contact us. We can be reached at:
contact@TheSelfEsteemDoctor.com
AFFILIATE AGREEMENT:
PLEASE READ THE ENTIRE AGREEMENT.
YOU MAY PRINT THIS PAGE FOR YOUR RECORDS.
THIS IS A LEGAL AGREEMENT BETWEEN YOU AND THE SELF ESTEEM DOCTOR .
BY SIGNING UP FOR THE SELF ESTEEM DOCTOR'S EASY SELF ESTEEM BUILDER FOR KIDS (SEGMENT ONE) AFFILIATE PROGRAM, 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 OUTLINED BELOW.
1. Overview
This Agreement contains the complete terms and conditions that apply to you becoming an affiliate in The Self Esteem Doctor's Easy Self Esteem Builder for Kids (Segment One) Affiliate Program. The purpose of this Agreement is 1) to allow verbal & written recommendation of The Easy Self Esteem Builder for Kids (Segment One) as well as 2)sharing our link and 3)HTML linking between your web site and
www.theselfesteemdoctoracademy.com (also accessed via
www.TSEDacademy.com) to the specific page containing The Easy Self Esteem Builder for Kids (Segment One) - to gain commissions from viable sales. Please note that throughout this Agreement, “we,” “us,” and “our” refer to SASOM, Inc. which is our parent company doing business as (DBA) The Self Esteem Doctor, and “you,” “your,” and “yours” refer to the affiliate.
2. Affiliate Obligations
2.1. To apply, please see below.
We may reject your application at our sole discretion. We may cancel your application if we determine that your site is unsuitable for our Program, including if it:
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 mis-spelled variations of our 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.
2.1.9. 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
www.TSEDacademy.com or
www.theselfesteemdoctoracademy.com or any other affiliated business.
2.2. As a member of The Self Esteem Doctor's Easy Self Esteem Builder for Kids (Segment One) Affiliate Program, you will have access to our program’s details and access banner creatives, videos, text ads and other items to assist you in your marketing efforts. In order for us to accurately keep track of all guest visits from your site to ours, you must use the HTML code that we provide for each banner, text link, or other affiliate link.
2.3. We reserve the right, at any time, to review your placement and approve the use of your links and require that you change the placement or use to comply with the guidelines provided.
2.4. The maintenance and the updating of your site will be your responsibility. We may monitor your site as we feel necessary to make sure that it is up-to-date and to notify you of any changes that we feel could enhance your performance.
2.5. It is entirely your responsibility to follow all applicable intellectual property and other laws that pertain to your site. You must have express permission to use any person’s copyrighted material, whether it be in 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.
3. The Self Esteem Doctor 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 site that we feel should be made, or to make sure that your links to our web site are appropriate and to notify you of any changes that we feel should be made. If you do not make the changes to your site that we feel are necessary, we reserve the right to terminate your participation in the The Self Esteem Doctor's Easy Self Esteem Builder for Kids (Segment One) Affiliate Program.
3.2. The Self Esteem Doctor reserves the right to terminate this Agreement and your participation in the The Self Esteem Doctor's Easy Self Esteem Builder for Kids (Segment One) Affiliate Program immediately and without notice to you should you commit fraud in your use of the The Self Esteem Doctor's Easy Self Esteem Builder for Kids (Segment One) Affiliate Program or should you abuse this program in any way. If such fraud or abuse is detected, The Self Esteem Doctor shall not be liable to you for any commissions for such fraudulent sales.
3.3. This Agreement will begin upon our acceptance of your Affiliate application, and will continue unless terminated hereunder.
4. Termination
Either you or we may end this Agreement AT ANY TIME, with or without cause, by giving the other party written notice. Written notice can be in the form of mail, email or fax. In addition, this Agreement will terminate immediately upon any breach of this Agreement by you.
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 email. Modifications may include, but are not limited to, changes in the payment procedures and The Self Esteem Doctor's Easy Self Esteem Builder for Kids (Segment One) Affiliate Program rules. If any modification is unacceptable to you, your only option is to end this Agreement. Your continued participation in The Self Esteem Doctor's Easy Self Esteem Builder for Kids (Segment One) Affiliate Program following the posting of the change notice or new Agreement on our site will indicate your agreement to the changes.
6. Payment
Your commission will be paid out on the 15th and 30th of each month - on all customer purchases that have passed the 5 day refund period.
7. Access to Affiliate Account Interface
You will be able to access a dashboard to see your commissions, access the creatives and track your clicks.
8. Promotion Restrictions
8.1. You are free to promote your own web sites, but naturally any promotion that mentions The Self Esteem Doctor could be perceived by the public or the press as a joint effort. You should know that certain forms of advertising are always prohibited by The Self Esteem Doctor . For example, advertising commonly referred to as “spamming” is unacceptable to us and could cause damage to our name. Other generally prohibited forms of advertising include the use of unsolicited commercial email (UCE), postings to non-commercial newsgroups and cross-posting to multiple newsgroups at once. 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 mailings to customers to promote The Self Esteem Doctor so long as the recipient is already a customer or subscriber of your services or web site, and recipients have the option to remove themselves from future mailings. Also, you may post to newsgroups to promote The Self Esteem Doctor so long as the news group specifically welcomes commercial messages. At all times, you must clearly represent yourself and your web sites as independent from The Self Esteem Doctor . If it comes to our attention that you are spamming, we will consider that cause for immediate termination of this Agreement and your participation in the The Self Esteem Doctor's Easy Self Esteem Builder for Kids (Segment One) Affiliate Program. Any pending balances owed to you will not be paid if your account is terminated due to such unacceptable advertising or solicitation.
8.2. The Self Esteem Doctor does not allow trademark bidding and prohibits bidding on any form of our URL. Affiliates CANNOT run pay per click campaigns linking directly to our website and will be considered trademark violators, and will be banned from The Self Esteem Doctor's Easy Self Esteem Builder for Kids (Segment One) Affiliate Program. We will do everything possible to contact the affiliate prior to the ban. However, we reserve the right to expel any trademark violator from our affiliate program without prior notice, and on the first occurrence of such PPC bidding behavior. Affiliate PPC campaigns are allowed only when linking to an affiliate-owned website.
8.3. 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 (i.e. sincerely interested in The Self Esteem Doctor ’ service).
8.4. 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 The Self Esteem Doctor site (i.e., no page from our site or any The Self Esteem Doctor 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, Bing, Yahoo, and similar search or directory engines); (c) set commission tracking cookies through loading of The Self Esteem Doctor site in IFrames, hidden links and automatic pop ups that open The Self Esteem Doctor 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 site through HTML links solely in accordance with the terms of this Agreement and (ii) solely in connection with such links, to use our logos, trade names, trademarks, and similar identifying material (collectively, the “Licensed Materials”) that we provide to you or authorize for such purpose. You are only entitled to use the Licensed Materials to the extent that you are a member in good standing of The Self Esteem Doctor's Easy Self Esteem Builder for Kids (Segment One) Affiliate Program. You agree that all uses of the Licensed Materials will be on behalf of The Self Esteem Doctor and the goodwill associated therewith will inure to the sole benefit of The Self Esteem Doctor .
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
The site is provided by The Self Esteem Doctor , on an “as is” and on an “as available” basis. To the fullest extent permitted by applicable law, The Self Esteem Doctor makes no representations or warranties of any kind, express or implied, regarding the use or the results of this web site in terms of its correctness, accuracy, reliability, or otherwise. The Self Esteem Doctor shall have no liability for any interruptions in the use of this Website. The Self Esteem Doctor disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow the exclusion of implied warranties; therefore the above-referenced exclusion is inapplicable.
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
THE SELF ESTEEM DOCTOR SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR THE SELF ESTEEM DOCTOR SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THIS WEB SITE OR THE INFORMATION CONTAINED IN IT, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF The Self Esteem Doctor , HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS IS INAPPLICABLE.
13. Indemnification
Affiliate agrees to indemnify and hold The Self Esteem Doctor its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of Member’s use of the Service, the violation of this Agreement, or infringement by Member, or other user of the Service using Member’s computer, of any intellectual property or any other right of any person or entity.
14. Confidentiality
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.
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 The Self Esteem Doctor , 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 any other Site 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, except to a party who obtains all or substantially all of the business or assets of a third party.
15.3. Our website is operated and provided in the State of Florida. As such, we are subject to the laws of the State of Florida, and such laws will govern these Terms and Conditions of Sale, without giving effect to any choice of law rules. We make no representation that our website or other services are appropriate, legal or available for use in other locations. Accordingly, if you choose to access our site you agree to do so subject to the internal laws of the State of Florida.
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.
Commission is currently 15% and is subject to change at any time.
Effective Date: This Terms and Conditions of Sale was last updated on May 22, 2020.