Affiliate Program Agreement & Terms of Service
1. Harmon Enterprises Affiliate Agreement
THIS IS A LEGAL AGREEMENT BETWEEN YOU AND HARMON ENTERPRISES. BY SUBMITTING THE ONLINE APPLICATION 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.
This agreement describes the terms and conditions for participation in the Harmon Enterprises Affiliate Program. In this agreement, the term "Affiliate" refers to you (the applicant). In this agreement, Harmon Enterprises refers to the product owner and publisher. The Harmon Enterprises Affiliate Program is administered through a 3rd party software called SamCart (www.samcart.com) which approved Affiliates will be granted access to for the term of this agreement.
Affiliates acknowledge that EVERNOTE, the Evernote Elephant logo and REMEMBER EVERYTHING are trademarks of Evernote Corporation and are used under a license. Harmon Enterprises and our products are not written by or endorsed by Evernote Corporation or any other person, company or product recommended in the material.
The Harmon Enterprises Affiliate Program applies only to the following product(s) that Harmon Enterprises offers. Not all of Harmon Enterprises products are part of our Affiliate Program and this list may grow or shrink over time. The product(s) currently available to receive Affiliate commissions are:
- Radical Productivity with Evernote Course (Commission offered for initial product sale, not annual renewal).
Harmon Enterprises, in its sole discretion, reserves the right to modify the terms of this Commission payment method or schedule at any time. Such changes shall take effect when posted. In such event, you will be notified by email. These modifications may include, but are not limited to, changes in the scope of available referral fees, fee schedules, payment procedures, products eligible to receive commissions, and Affiliate Program rules. If any of the modifications are UNACCEPTABLE TO YOU, your only recourse is to terminate this Agreement. If you CONTINUE PARTICIPATION IN THE PROGRAM, it will be considered as your acceptance of the change.
To enroll in the Affiliate Program, you must submit an Affiliate application and be approved. Applicant must have a valid PayPal account to be approved. Please refer to PayPal's policy to ensure you are eligible to receive payment if you reside outside of the United States.
Applications are processed weekly and applicants will be notified via email of their acceptance status as soon as possible after their information is reviewed.
5. Affiliate URL's
Once you become an approved member of the Harmon Enterprises Affiliate Program, you will have access to URL links via SamCart that are specific to your Affiliate account. These will be unique to you and you only, and will allow you to be paid for Affiliate referrals.
Affiliates will receive 20% of the revenue on the initial product sale as a commission from orders placed through properly coded Affiliate links. A commission is not paid for any reoccurring payments made by the referred customer. For a sale to generate a commission to an Affiliate, the customer must complete the order form and remit full payment for the product ordered through the secure order system. Word of mouth referrals will not result in an Affiliate commission being generated.
Commissions will only be paid on sales that are made when the customer clicks through qualified, correctly structured Affiliate links. Properly coded links are the sole responsibility of the Affiliate.
Valid commissions are tracked in SamCart and paid as follows:
- Affiliates can receive a commission on any link that we provide you access to via your SamCart Affiliate dashboard (links will be provided beyond the direct sales page, for example, when we provide a free webinar training, or select blog posts).
- There is a 30 day cookie assigned to visitors who use your unique Affiliate links (assuming they have not already been referred by another Affiliate during the cookie timeframe)
- Once a customer cookie has been assigned to a particular affiliate via the 30 day cookie, that Affiliate is the only Affiliate eligible to receive a commission.
- Commissions are eligible to be paid out to Affiliates 30 days after a sign up from one of your links if the referred customer meets all of the following:
- Is an active, qualified customer of Harmon Enterprises
- Is up-to-date in all payments at the time the Commission Fees are processed
- Has not been subject to a refund, credit, cancellation, suspension or chargeback
- Is in compliance with our Terms of Service, Acceptable Use Policy and other policies that are active at the time the commission fees are processed
- Commissions are paid out between 30-45 days after valid sales are made depending on when the referred customer sign up falls in the month (we pay out twice a month).
Commissions may change at the discretion of the product publisher.
Harmon Enterprises pays Affiliates via a PayPal account, provided to us when a member joins. If the PayPal email changes, it is the responsibility of the Affiliate to update or change their PayPal email information by updating your Affiliate Profile settings located in the SamCart Affiliate Dashboard to ensure proper commission payments. We will not resend payments returned due to incorrect payment email addresses.
Harmon Enterprises is not responsible for any third-party fees charged by PayPal, bank or other financial institute used to receive Affiliate Commission Fees
8. Order Fulfillment
Harmon Enterprises will be solely responsible for processing every order placed by a customer via Affiliate links. Affiliates are not authorized to collect payments or sell any Harmon Enterprises products from other websites as a "reseller" and no "resale" rights are granted in ANY way. Affiliates are not authorized to sell any of these products on ebay or other auction sites. Affiliates are not authorized to give away copies of any of these products. Harmon Enterprises will also be solely responsible for all customer service inquires. All Affiliates understand and acknowledge that no physical products will be shipped. Customers who purchase products and services through the Harmon Enterprises Affiliate Program will be deemed to be customers of Harmon Enterprises. Accordingly, all rules, policies, and operating procedures concerning customer orders and service will apply to those customers. We may change our policies and operating procedures at any time. Prices and availability of our products and services may vary from time to time. Harmon Enterprises policies will always determine the price paid by the customer.
9. Qualifying Sites
Harmon Enterprises reserves the right to refuse any site entry into the Harmon Enterprises Affiliate Program based on site content. Sites that do not qualify for the Affiliate Program include sites which:
- Promote sexually explicit materials
- Promote violence
- Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age
- Promote illegal activities
- Infringe or otherwise violate any copyright, trademark, or other intellectual property rights of Harmon Enterprises or any other site.
10. Permitted Usage
The following are permitted uses of the Harmon Enterprises brand and marketing resources:
- Affiliates are permitted to use the graphical banners and design resources located at http://www.harmonenterprises.com/affiliate-assets/.
11. Promotion Restrictions
You are free to promote your own web sites, but naturally any promotion that mentions Harmon Enterprises and/or our products 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 Harmon Enterprises. For example, advertising commonly referred to as "spamming" is unacceptable to us and could cause damage to our name.
You may use mailings to customers to promote Harmon Enterprises 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 Harmon Enterprises 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 Harmon Enterprises.
Harmon Enterprises strictly prohibits Affiliates from using spam e-mail and other forms of Internet abuse (including spamming forums, blogs, twitter, facebook and other social media outlets) to seek sales. Spam is defined as including, but not limited to, the following:
- Electronic mail messages addressed to a recipient with whom the sender does not have an existing business or personal relationship or is not sent at the request of, or with the express consent of, the recipient through an opt in subscription;
- Messages posted to Usenet, forums, Twitter, Facebook and message boards that are off-topic (unrelated to the topic of discussion), cross-posted to unrelated newsgroups, posted in excessive volume, or posted against forum/message board rules. Be conscious of forum rules! If a forum owner or moderator complains that an Affiliate has spammed, the Affiliate account may be permanently terminated after investigation.
- Content posted on free blog websites for the sole purpose of keyword spamming, or comments posted to legitimate blogs that violate the comment policy of the blog owner.
- Solicitations posted to chat rooms, or to groups or individuals via Internet Relay Chat or "Instant Messaging" system;
- 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.
- Certain off-line activities that, while not considered Spam, are similar in nature, including distributing flyers or leaflets on private property or where prohibited by applicable rules, regulations, or laws.
If you wish to report a violation of our Anti-Spam Policy, please forward all relevant evidence to our customer service department at info [at] harmonenterprises.com.
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 Harmon Enterprises Affiliate Program. Any pending balances owed to you will not be paid if your account is terminated due to such unacceptable advertising or solicitation. Termination results in the immediate closure of the member and Affiliate account, the loss of all referrals, and the forfeiture of any unpaid money on account.
In addition, the following cases are prohibited and are grounds for immediate termination of the Affiliate account.
- Affiliates MAY NOT use the Harmon Enterprises logo, logo marks or other Harmon Enterprises and product website/branding imagery in a header graphic or in any way as to indicate they are officially affiliated or partnered with Harmon Enterprises.
- Affiliates MAY NOT use the term “Harmon Enterprises” or any of our product names in ANY variation in their site URL ex. (harmonenterprises, harmon-enterprises, radicalproductivity, radical-productivity, radical-productivity.com, radicalproductivitydiscount.com, etc).
- Affiliates MAY NOT promote coupons that were not provided to them personally by Harmon Enterprises. You may NOT promote coupon codes you may have found elsewhere online. Doing so can result in the termination of your Affiliate account and withholding of Affiliate payments for violating our Affiliate agreement.
- Affiliates MAY NOT host or promote "coupon stacking" sites where customers may combine coupons to receive additional discounts.
12. Relationship of Parties
Affiliates are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. Affiliates have no authority to make or accept any offers or representations on our behalf. Affiliates will not make any statement, whether on their sites or otherwise, that reasonably would contradict this statement.
13. Term and Termination
The term of this Agreement will begin when you accept and will end when terminated by either party. Either Harmon Enterprises or the Affiliate may terminate this Agreement at any time, with or without cause. Upon the termination of this Agreement for any reason, all licenses granted hereunder shall immediately terminate and you will immediately cease use of, and remove from Affiliate's Web Site, all links to the Harmon Enterprises websites, and all Harmon Enterprises trademarks and logos, other Harmon Enterprises marks and all other materials provided in connection with this program.
14. Limitation of Liability
Harmon Enterprises will not be liable for indirect, special, or consequential damages (or any loss of revenue, profits, expenditures or data) arising in connection with this Agreement or the Program, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this Agreement and the Program will not exceed the total commissions paid or payable to the Affiliate under this Agreement.
We make no express or implied warranties or representations with respect to the Affiliate Program or an Affiliate's potential to earn income from the Affiliate Program. In addition, we make no representation that the operation of the websites or the Affiliate links will be uninterrupted or error-free, and Harmon Enterprises will not be liable for the consequences of any interruptions or errors.
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.
If any of the provisions of this Agreement are determined by a court to be unenforceable, they shall be severed from this Agreement, and the remaining provisions shall remain in full force and effect. By signing up with the Harmon Enterprises Affiliate Program, 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.
This Agreement shall be governed by and interpreted in accordance with the laws of the United States and the State of Texas.
Return to the Affiliate Program Application