Affiliate Program Terms

Last updated: 4/20/2023

Last Updated: 4/20/2023

Affiliate Program Terms of Use

This contract is an Affiliate Agreement (hereinafter “Agreement”) used by Diligence Physical Therapy and Wellness ("Company") to allow parties to promote Company’s products/programs/resources in exchange for an affiliate commission on accredited sales. This Agreement is between Company and the party agreeing to the terms and conditions in order to promote on behalf of Company (hereinafter “Affiliate”).

1. Promotion

Affiliate may promote Company’s programs however they see fit provided they do so within any parameters set by Company either in this Agreement or within any of promotion resources provided to Affiliate. Affiliate also agrees to promote the programs with integrity and to not make any misleading statements to induce sales or otherwise violate any laws within Affiliate’s jurisdiction.

2. Compensation

Company will provide Affiliate with a unique tracking link to promote Company’s programs. Company will pay Affiliate a fee (hereinafter “Commission”) for each sale affiliated with Affiliate’s unique link. The Affiliate is responsible for using the correct affiliate link for sales as provided by Diligence Physical Therapy and Wellness PLLC in Thrivecart. Tracking of these sales is automatically done by Company’s marketing system. Affiliate will earn a Commission equal to 30% of the gross revenue for each sale of digital products and 20% for membership sales of programs/services/products (hereinafter “Program” or “Programs”). Affiliate will NOT earn commission for self-referrals (i.e. purchases made by the Affiliate with their own affiliate link). Affiliate understands that Company may update this commission structure at any time and that Commissions earned after such updates will be at those updated percentages. Cookie length is 60 days based on last click. 

3. Refund Period

Company may issue refunds at their discretion. Affiliate is not entitled to a Commissions on and refunded sales with no exceptions. 

4. Chargebacks

Affiliate further agrees that Company shall have the right to collect back from Affiliate any Commissions paid to Affiliate that were refunded due to chargebacks or any extenuating circumstances causing a refund.

5. Payouts

Company will send Commissions via PayPal on the first day of the Month unless alternate dates are provided for specific promotions. If Affiliate earns a commission on a Program with an installment agreement or payment plan, Company will send Affiliate’s Commissions in installments proportional to the payment plan chosen by Company’s student. For example, if Affiliate earns a 30% commission on a $3,000 sale where the student agrees to pay in three equal installments, Affiliate will receive their $900 Commission in three equal installments of $300. Company, may, at their sole discretion, instead choose to pay the Commission in one lump sum. All payments will be made via PayPal. Affiliate must have a PayPal account to receive Affiliate payouts.

6. Promotion Materials

Company may provide to Affiliate graphics, email, web, or social copy, and other templates (hereinafter “Materials”) for Affiliate to use in the promotion of the Programs. The Materials may include design elements proprietary to Company. Company grants Affiliate a revocable, non-exclusive license to use the Materials solely in relation to their efforts promoting the Program under this Agreement.

7. Cancellation

Company may cancel this Agreement at any time for any reason. Company will this remove any affiliate links, and Affiliate agrees to cease any further promotion or use of the Materials.

8. Force Majeure

Company shall not be liable or responsible to Student, nor be deemed to have defaulted or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement when and to the extent such failure or delay is caused by or results from acts or circumstances beyond the reasonable control of the Company including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion, or hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest, national emergency, revolution, insurrection, epidemic, lock-outs, strikes or other labor disputes (whether or not relating to either party’s workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.

9. Independent Contractor

Nothing in this Agreement shall be construed to create a partnership, joint venture, employment, or agency relationship. Affiliate understands that they are an independent contractor, and that they are responsible for their own taxes on any Commissions.

10. Severability

If any provision of this Contract shall be declared invalid or unenforceable, such provision shall be deemed eliminated from this Contract, and all remaining provisions shall continue in full force and effect.

11. Liability

Affiliate agrees to absolve Company of any and all liability or loss any person may suffer or incur as a result of their participation in the affiliate program. Affiliate agrees that Company shall not be liable to you for any type of damages, including direct, indirect, special, incidental, equitable, or consequential loss or damages for use of the Program.

12. Assignment

Affiliate may not assign this Agreement without express written consent of Company.

13. Modification

Company may modify terms of this agreement at any time. Company will notify Affiliate by email when Company makes modifications.

14. Indemnification

Affiliate agrees to indemnify, defend, and hold harmless the Company, its officers, directors, employees, agents, and third parties for any losses, costs, liabilities, and expenses (including reasonable attorneys’ fees) relating to or arising out of Affiliate’s promotion and participation as an affiliate and related services, or violation of any terms of this Agreement, or any violation of any applicable laws, rules or regulations. 

15. Dispute Resolution

Affiliate expressly waives any and all claims, now or in the future, arising out of or relating to this Agreement. To the extent Affiliate attempts to assert any such claim, Student hereby expressly agrees to present such claim only in the small claims courts in Mesa, Arizona.

16. Waiver

No waiver of any default by any party or parties to this Agreement shall be implied from any omission by a party or parties to any action on account of such default. If such default persists or is repeated, no express waiver shall affect any default other than the default specified in the express waiver, and that only for the time and to the extent therein stated.

17. Article Headings

All article, paragraph, and section headings set forth in the Agreement are intended for convenience only and shall not control or affect the meaning, construction, or effect of this Agreement or any of the provisions thereof.

18. Sole and Only Agreement

This Contract contains the entire understanding between the parties with respect to the subject matter and supersedes any and all other prior written Contracts and understandings (whether oral or written) between the parties. No amendment or modification of this Contract shall be effective unless executed in writing by both parties.

19. All Rights Reserved

All rights not expressly granted in these Terms are reserved by the Company. If you do not see a usage scenario here that applies to your intended usage contact us at hello@diligencept.com

20.Communication

Affiliate agrees to provide an active email address on file as well as PayPal ID. The Affiliate is responsible for providing an active email and PayPal ID and will forfeit payment if the Company is unable to contact the Affiliate for payout.

The Affiliate agrees to receive emails from the Company.

The Affiliate will contact the Company at hello@diligencept.com with any questions.

21. Affiliate Disclosure

Affiliates agree to make appropriate disclosure of affiliate relationship per Federal Trade Commission (FTC) Guidelines.